LAWS(RAJ)-2012-6-9

PREETAM SINGH Vs. SHIV LAL RAWAT

Decided On June 14, 2012
PREETAM SINGH Appellant
V/S
SHIV LAL RAWAT Respondents

JUDGEMENT

(1.) A challenge has been made to the order dated 6-5-2008 passed by the Board of Revenue Rajasthan Ajmer (herein after 'the Board') upholding the order dated 8-4-2008 passed by the Revenue Appellate Authority Alwar sustaining the order dated 16-12-2002 passed by the Sub Divisional Officer Laxmangarh, decreeing the suit filed by one Baldev Prasad for declaration and injunction against the defendants in the suit-the petitioner herein.

(2.) THE facts of the case are that in a suit laid by one Baldev Prasad, father and predecessor in interest of respondents No.1 to 7 herein, the SDO Laxmangarh vide judgment dated 16-12-2002 found that the sale-deed dated 20-8-1979 registered on 3-9-1979 in favour of Baldev Prasad, at the instance of the vendors Laxmandas and Radhey Shyam was a valid sale-deed and that Baldev Prasad, and following his death during the proceedings before the SDO Laxmangarh his legal heirs, were entitled to a judgment and decree, to be declared Khatedar of land admeasuring 1 Bigha 10 Biswas out of 7 Bigha 2 Biswas land in Khasra No.337 situated at Rambas Tehsil Laxmangarh. It was held that the subsequent sale-deed dated 9-6-1992 in favour of petitioner Preetam Singh and others, would null and void to the extent of land 1 Bigha 10 Biswas in Khasra No.337 situated at Rambas Tehsil Laxmangarh. The SDO also directed that the successors of Baldev Prasad-respondents No.1 to 7 in this petition, were entitled to an injunction under Section 188 of the Rajasthan Tenancy Act,1955 (herein after 'the Rs.1955 Act') protecting their possession against Preetam Singh and others.

(3.) THE upshot of aforesaid discussion is that the order dated 6-5-2008 passed by the Board is wholly legal and proper. I therefore find no force in the writ petition, and the same is dismissed.