Deprecated right on account of adverse possession

By Accommodation Times Bureau


The full bench of the Rajasthan Revenue Division court has given a decision on August 31 not to grant accounting, in any case, considering the issue of granting accounting rights on the basis of adverse possession, under the purview of encroachment. On behalf of the revenue board, the Rajasthan government has also been suggested to set a clear method in this regard. The new decision of the Mandal is a blow to those encroachers, who have illegally occupied the land of the account holders in a non-rigid manner. In this way, the encroachers who have passed the decisions to provide accounting rights on the basis of adverse possession in subordinate jurisdictions, will now be considered as non-negotiable. That means even if any subordinate jurisdiction has been given on account of the adverse occupation of accountability, they will not be valid.

The Revenue Board has also determined that if any farmer has been given accounting rights under the 1991 RRD page 1 and the matter has reached the final phase then those cases will not be re-opened. Section 63 (1) (4) Under the Rajasthan Kashtaksha Act, if a farmer is deprived of his possession and the rights to reclaim his possession are affected, then his accounting powers will automatically expire. In this regard twice in the past, the revenue board has passed the decision in the Brihadipith 1991 RRD page 1 and 2011 RRD page 508.

Regarding the decision of the full bench of the RRD page 1 and the 2011 RRD page 508 regarding the accounting rights on agricultural land in an important decision passed by the full bench of the Rajasthan Revenue Board on Thursday, in which cases The accountability has been granted by the subordinate court on the basis of 1991’s opinion, and if their appeal is pending, the appeals courts will decide the 2011 decision. According to them, they have to be disposed of. In view of this conclusion, the farmers who received the account holders, whose decisions have been finalized or have been interrupted from time to time, as per 1991 opinion, will not be able to get possession based on the 2011 decision. The full bench has also given the conclusion of Section 183 of the Rajasthan Kashtikar Act not to be considered as applicable to the possession given by consent.

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