KESHU LAL Vs. SMT. RADHI BAI AND OTHERS

JUDGEMENT

(1.) The petitioner preferred a suit as per the provisions of Section 88, 188 and 92 of Rajasthan Tenancy Act, 1954 seeking correction of entries and declaring the petitioner as khatedar-tenant. The petitioner also claimed for a permanent injunction against the defendants-respondents No.1, 2 and 3. Along with the suit, an application was also filed as per the provisions of Section 212 of the Rajasthan Tenancy Act seeking temporary injunction but that came to be rejected on 13.7.2007. An appeal as per provisions of Section 225 of Rajasthan Tenancy Act, 1955 was also rejected on 08.8.2007. The Board of Revenue vide order dated 8.10.2007 dismissed the revision petition giving challenge to the orders passed by the original court and the first appellate court.

(2.) The submission of learned counsel for the petitioner is that the defendants-respondents No.1 and 2 both wives of late Shri Tulsi Ram went on 'nata' in the life-time of Tulsi Ram himself and the present petitioner-Keshu Lal is admittedly the adopted son of late Shri Tulsi Ram, as such, the trial court should have granted temporary injunction, as prayed for. It is also pointed out by the learned counsel for the petitioner that during pendency of the suit, a part of the land has been transferred to defendant-Phoolmali Samaj, thus, the apprehension regarding transfer of the land is well-founded.

(3.) While controverting the facts and the arguments advanced by learned counsel for the petitioner, it is submitted on behalf of the respondent-defendants that the factum of adoption of the petitioner as the son of late Shri Tulsi Ram and also the fact about going on 'nata' during the lifetime of Shri Tulsi Ram is highly disputed. As per the respondent-defendants, the petitioner is having no right in the land in question as he was never adopted by late Shri Tulsi Ram.