RADHEYSHYAM Vs. KAJODMAL

JUDGEMENT

(1.) The petitioners have assailed the judgment passed by the Board of Revenue dated 28.9.2020 whereby Board of Revenue has directed to treat the concerned respondents as Khatedar Kashtkar in Khasra No.41 ad-measuring 6 Bigha and 15 Biswa at present Khasra No.404 measuring 1.62 hectares.

(2.) Learned counsel for the petitioners submits that the respondents had never challenged the mutation dated 29.3.1960 wherein name of the forefather of the Ladu was deleted and therefore, the decision of the Board of Revenue is erroneous and without jurisdiction.

(3.) I have considered the submissions as above. This court finds that the petitioners had preferred a suit before learned Sub-Divisional Officer to include their names in the Khatedari as Kashtkars for Mandir Mafi Land of Mandir Raghunath Ji. The suit was decreed in their favour vide judgment dated 5.4.2013. On coming to know about the said order, an appeal was preferred by the respondents - Kajod Mal and others son of Balu and Dunga challenging the judgment and decree dated 5.4.2013 and pointing out that they were not impleaded as party to the suit and that they were co-sharers, their father Ladu was shown as Kashtkar in the Jamabandi for Khasra No.41 of Village Jagmalpura of Tehsil Sikar. The Revenue Appellate Authority rejected their appeal solely on the ground that the entry made in the mutation on 29.3.1960 was not challenged by the appellants and hence, the appeal was not maintainable.