VEERU RAM Vs. KANTA SANSI

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against judgment dated 24.8.2011 passed by S.D.O., Hanumangarh, judgment dated 31.7.2013 passed by the Revenue Appellate Authority, Hanumangarh and judgment dated 26.6.2018 passed by Board of Revenue, Rajasthan, Ajmer, whereby, the suit filed by respondent Nos. 1 to 3 has been decreed and the appeals filed by petitioners before the Revenue Appellate Authority and the Board of Revenue have been dismissed, respectively.

(2.) A suit was filed by respondent Nos. 1 and 3 - plaintiffs with the averments that they were daughters of deceased Faturam and alongwith Mukesh Kumar were born to Smt. Phuli; Faturam had contracted second marriage after coming into force of Hindu Marriage Act, 1955 ('Act of 1955'); Mst. Chidi and Lachho were born to deceased Faturam through Harkauri, his first wife; it was claimed that the plaintiffs were in possession of 9 bigha land belonging to deceased Faturam and sought declaration and injunction qua the said piece of land.

(3.) It was claimed that the land ad measuring 25 bigha in Chak No. 7 JDW, Stone No. 79/231, Murabba No. 39, Killa Nos. 1 to 25 was allotted to deceased Faturam under provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954 ('the Act of 1954'); Faturam during his life time transferred 7 bigha land and out of 18 bigha land the plaintiffs were entitled to 9 bigha land being illegitimate children in view of provisions of Section 16 of the Act of 1955.