LAXMAN SINGH Vs. SAYAR SINGHSON

JUDGEMENT

(1.) The petitioner assails the validity of the judgment and decree dated 14.02.2019 passed by the Board of Revenue, Ajmer in Appeal/Decree/TA/3788/2013/Sikar, whereby the appeal preferred by the respondents against the judgment dated 31.05.2013 passed by the Revenue Appellate Authority, has been allowed and the judgment and decree passed by the Court of Assistant Collector, Sikar dated 23.08.2010 has been affirmed.

(2.) The facts in brief are that the petitioner/plaintiff filed a suit for declaration, permanent injunction and correction of entries against the respondents qua the land of Khasra Nos.247, 248, 249 and 250 in village Mundwara, Tehsil Sikar submitting that late Phool Singh was its recorded Khatedar and the plaintiff being his adopted son, was entitled to be declared Khatedar of the land in question after his death. The respondents in their written statement submitted that the petitioner has never gone in adoption to late Phool Singh. On the basis of pleadings of the parties, the Court of Assistant Collector, Sikar framed issues inter- alia the issue as to whether, the plaintiff is adopted son of late Phool Singh. The Court of Assistant Collector, Sikar, vide its judgment and decree dated 23.08.2010, dismissed the suit recording a finding that the plaintiff failed to establish that he was adopted son of late Phool Singh. The appeal preferred by the petitioner against the judgment dated 23.08.2010 was allowed by the Court of Revenue Appellate Authority, Bikaner vide its judgment dated 31.12.2013. The second appeal preferred by the respondents herein, has been allowed by the Board of Revenue, Ajmer Rajasthan vide its judgment and decree dated 14.02.2019 holding that the Revenue Court was not competent to declare the petitioner as adopted son of late Phool Singh, which is impugned herein.

(3.) Assailing the judgment dated 14.02.2019, the learned counsel for the petitioner submitted that the Board of Revenue did not appreciate that petitioner's adoption by late Phool Singh having been proved on the basis of the documentary evidence, the question of adoption was rendered an ancillary issue for decision of the suit which primarily was for declaration and permanent injunction. He contended that the petitioner was recorded as Khatedar of the land left behind by late Phool Singh being his adopted son in respect of khasra numbers other than the disputed khasra numbers and therefore his adoption remained unchallenged. He, therefore, prayed that the judgment dated 14.02.2019 be set aside and the judgment dated 31.12.2013 passed by the Revenue Appellate Authority be restored. Learned counsel for the petitioner relied upon the judgment of a co- ordinate Bench of this Court in Narayan and Ors. Versus State of Rajasthan and Ors, 2006 (2)DNJ (Raj.) 964 to emphsize that where the adoption is undisputed, it is ancillary issue or incidental issue and not main issue.