BUDHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition arises out of order dated 24.8.1984 (Annex.4) of the Board of Revenue, dismissing revision/review petition of the petitioner assailing the abatement of appeal. But the present petition has been filed after inordinate delay of five years in the year 1989.

(2.) THE circumstances leading to this petition are briefly stated thus. Ramjilal and others (respondent Nos. 5 to 9) instituted a revenue suit on 7.10.1970 before the Asstt. Collector Bandikui claiming legal heirs of Gyarsa and asserting that Gyarsa and Ramsahai were co -tenants to the agricultural lands in dispute bearing Khasra Nos. 2/1 (8 Biswas), 2/2 (14 Biswas), 2/3 (3 Bighas 13 Biswas), 2/4 (2 Biswas), No. 3 (4 Biswas) (total 5 Bighas 1 Biswa) situated in village Dilwarpura, Tehsil Baswa, but they died; that Gyarsa was unmarried and after his death, his share stood devolved on the plaintiff Nos. 4 and 5 being legal heirs. In the suit they asserted that under coercion Budha (petitioner) and Mangla got the land in dispute sold by executing and registered sale deed in their favour by Gyarsa on or about 14/12/65 and under the garb of this registered sale deed, they took forcible possession of the land in dispute on or about 15/1/66 and thereupon, in collusion with the Patwari, got the land in dispute transferred in their favour on 22/12/67 despite the fact that Gyarsa was by caste Chamar (Scheduled Caste). Ultimately, the plaintiffs sought relief of ejectment and eviction of the petitioner (defendant) from the land in dispute claiming that the petitioner was a trespasser over the land in dispute inasmuch as Gyarsa had no right to sell the land in dispute nor his land could have been sold or purchased being in violation of Section 42 of the Rajasthan Tenancy Act.

(3.) AFTER hearing both the parties, the learned Asstt. Collector by his judgment and decree dt. 16.11.1978 (Annex.2) decreed the suit for eviction of the defendants in favour of the plaintiffs and held the impugned sale of the land in dispute as null and void being in violation of Section 40 of the Tenancy Act because Gyarsa had got no right to sell it without consent of legal heirs of co -tenant Ramsahai and thereby the defendants (petitioner) were held trespassers over the land in dispute and accordingly the decree to hand over possession to the plaintiffs was passed against the defendants. This decree (Annex.2) was challenged by the defendants in appeal before the the Revenue Appellate Authority but the appeal was dismissed by judgment dt. 3.8.1979 (Annex.3) by upholding the findings of the trial Court, against which a revision petition is alleged to have been preferred before the Board of Revenue. During the pendency of revision petition, Mangla (one of defendants revisionists) died as a result of his murder alleged to have been committed by sheonarain, for which an FIR was also lodged against Sheonarain, inasmuch as it is the case of the petitioner that he was also beaten in the incident of murder of his elder brother Mangla, resulting in having sustained skull fracture and various injuries besides other parts of his body.