PEPHI DEVI Vs. LEGAL REPRESENTATIVES OF SUMER SINGH

JUDGEMENT

(1.) THIS writ petition has been filed with the following prayer:- (a) that writ petition may kindly be allowed with costs. (b) that rights title and interest of the petitioner so accrued vide Annexure 1 & 2 & 3 and she be Khatedar the said rights should be protected. (c) that an appropriate writ order or direction be passed to restrain the respondents from disturbing peaceful possession of the petitioner over the land comprising of Khasra 284 Rakba 23 - biswas situated in village Bapore, Tehsil & Distt. Nagaur as the petitioner has got Dhani in the field. (d) that other relief/reliefs with this Hon'ble court may deem just and proper be also passed in favour of the petitioner which is in possession of the land in question so that justice could would be debarred from her valuable rights. (e) that other relief/reliefs with this Hon'ble Court may deem just and proper may kindly be granted. "

(2.) THE petitioner has averred in her writ petition in short, as follows. Her husband late Pema Ram Nayak (Harijan) purchased the above mentioned land from Summer Singh Rajput (father of the respondents Ganga Singh and Hanuman Singh) through sale-deed dated August 22, 1958. Its true copy is Annexure 1. Patta was issued in his name on 1. 5. 65 whose photostat copy is Annexure 2. Jamabandi of the Samvat Years 2033 to 2040 was also recording his name. A True copy of it is Annexure 3. Its mutation was effected in his favour on 30. 10. 77 and true copy of the mutation order is Annexure 4. Sumer Singh filed a suit for declaration of his khatedari rights in respect of the said land against her husband Pema Ram in the Court of the Assistant Collector, Nagaur, By exploitation, putting undue pressure and taking undue advantage of his illiteracy, the thumb impressions of her husband were got affixed on the written statement and judgment and decree were obtained on its basis in his favour on 5. 12. 76, THEir photostat copies are Annexure 5. She had gone to various places to earn her livelihood. After 15 years. She returned her village and on 3. 7. 90, she went to the said filed for cultivating it but the respondents No. 1 and 2 offered great resistance. On 5. 7. 90, she has filed a complaint under section 3. Scheduled Caste and Scheduled Tribes. (Prevention of Atrocities) act, 1989 (Central Act No. 33 of 1989 (hereinafter to be called as 'the Act') before the Special Judge (District & Sessions Judge), Merta, whose copy is Annexure 6, against the respondents No. 1 and 2.

(3.) LET a copy of this order be sent to the learned District & Sessions Judge. Merta, for information and necessary action. .