STATE OF RAJASTHAN Vs. RADHA KANWAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the judgments dated 27.1.2016 passed by the Revenue Appellate Authority and 31.10.2018 passed by the Board of Revenue, Ajmer, whereby, the appeal filed by the respondent against the judgment dated 29.12.2011 passed by SDO, Shiv, has been allowed and the Second Appeal filed by the petitioner has been rejected, respectively.

(2.) The suit under Sections 88, 89, 92A and 188 of the Rajasthan Tenancy Act, 1955 ('the Act of 1955') was filed by the respondent No.1 - Radha Kanwar seeking declaration in relation to the land in question that she owns 1/4th share in the land in question and that 3/4th share is owned by respondents No.2 to 4 and that land has been wrongly recorded as shivaya chak pd) in the revenue records and, therefore, declaration in this regard be granted.

(3.) After regular trial, the SDO by the impugned judgment dated 29.12.2011 rejected the suit filed by the plaintiff inter alia on coming to the conclusion that the land was recorded in the name of Smt. Pannu, who died in Samwat (laor) 2030 and the plaintiff and defendants were not the legal representatives of said Smt. Pannu and for lack of any legal representative, the land was rightly recorded as shivaya chak (flok; pd) and, therefore, the plaintiff had no right in the suit property.