SAHABRAM Vs. KAHIRAM

JUDGEMENT

(1.) This is an appeal filed under Section 225 of the Raj. Tenancy Act against the judgment of R.A.A. Hanumangarh passed in appeal No. 333/94 dated 11.7.95 by which judgment of Assistant Collector Sangriya dated 29.4.90 and 6.7.91 was set aside.

(2.) Leading facts of this appeal are that it is alleged that Mamraj was adopted son of Sahabram through registered sale deed. Later on the Mamraj got married, subsequently he got two sons namely Tarachand and Krishanlal who are present respondent No.10 and 11 and mother was Rameshwari. Sahabram as adopted son filed one suit under Section 88/53/183 of the Rajas-than Tenancy Act was compromised and decreed on 29.11.90 by which Sahabram got 58.14 bigha land. During the trial of the suit there was receiver appointed and by virtue of the decree amount of receivership Rs. 52,800/- was ordered to be given to Mamraj present appellant No.2. However under the compromise decree the land of 14/12 KSD was left out. Hence review was filed by the present appellants (Sehabram and Mamraj) on the ground that in this compromise decree the land of 12/14 KSD in included. This review was allowed by the trial court on 6.7.91 and the land of 12/14 KSD was included. During this proceeding Kashiram, Maniram and Jitaram preferred an appeal to the R.A.A. which was accepted and the judgment of the trial court dated 6.7.91 was set aside and the matter-was remanded for its retrial. Aggrieved from this the present appeal is preferred.

(3.) We have heard learned counsels for the respective parties and perused the record.