Revenue Suit & Proceeding Guide

Declaration of Tenancy Rights (Khatedari Suit)

Suits seeking declaration that a tenant has acquired permanent, inheritable, and transferable Khatedari rights over specific revenue lands.

Statutory Source: Section 88 & 183, Rajasthan Tenancy Act 1955

Competent Court: Sub-Divisional Officer (SDO) / Assistant Collector

Legal Overview & Purpose

Understanding Declaration of Tenancy Rights (Khatedari Suit)

A suit for declaration under Section 88 of the Rajasthan Tenancy Act, 1955 is the primary civil lawsuit in revenue jurisdiction to establish Khatedari rights (permanent, inheritable, transferable ownership title). It is frequently combined with Section 183 (ejectment of trespassers) or Section 53 (partition).

Key Provisions & Legal Guidelines

Statutory Source

Section 88, Section 89, Section 183 of the Rajasthan Tenancy Act, 1955.

Essential Evidence

Historic Jamabandi entries, continuous proof of possession (Girdawari entries), receipts of land revenue paid to the state.

Statutory Protections

Protects tenant holdings against unauthorized government seizure or private rival claims.

Step-by-Step Trial Procedure & Roadmap

Plaint filing under Section 88 in SDO Court

Service of Summons to State of Rajasthan & private defendants

Framing of Issues regarding tenancy origin & continuous possession

Examination of Witnesses & revenue record production

Judgment & Decree declaring Khatedari rights

Required Document Checklist for Filing

Historic Jamabandi & old revenue settlement records

Continuous Khasra Girdawari entries showing cultivation

Lagaan receipts (Land revenue payment receipts)

Plaint under Section 88 filed before SDO Court

Requisite Court fee stamps

Key Precedents & Judicial Rulings

⚖️ 2026 RRD 220: Long continuous un-objected cultivation with revenue receipts creates strong legal presumption of Khatedari.

⚖️ 2024 RRD 115: Declaration suit under Sec 88 is not barred by limitation as long as cause of action continues.

Frequently Asked Questions (FAQs)

Q: Who is a mandatory party in a Section 88 declaration suit?

Ans: The State of Rajasthan through the District Collector is a mandatory defendant in every Khatedari declaration suit.

Explore Other Types of Revenue Cases

Mutation & Record Corrections (Namantaran)Partition of Agricultural Holdings (Bantwara)Eviction of Encroachments (Kabza / Trespass)Land Conversion Cases (Section 90-A)