MURLI Vs. CHOTHU

JUDGEMENT

(1.) BY this petition a challenge has been laid to the order dated 3-10-2002 passed by the Board of Revenue Rajasthan Ajmer (herein after 'the Board') quashing and setting aside the order dated 30-12-1999 passed by the Revenue Appellate Authority Jaipur, which upheld the judgment and decree dated 26-2-1998 passed by the Assistant Collector-I, Jaipur dismissing the suit under Sections 88, 53 and 188 of the Rajasthan Tenancy Act, 1955 (herein after 'the 1955 Act') filed by plaintiff Chothu-respondent herein- (since deceased and represented by respondents No.1/1 to 1/7, herein after referred to 'the plaintiff').

(2.) THE facts of the case are that the plaintiff Chothu filed a suit for declaration, partition and permanent injunction under sections 88, 53, and 188 of the 1955 Act against the defendants Birdha s/o Nanga (since deceased and now represented by Murli), Mangla and Gyarsa sons of Kalu and Ram Kishore s/o Gyarsi Lal. It was stated in the suit that land of Khata No.40, Khasra Nos.101, 645, 648, 649, 651 in all five admeasuring 9 bighas 11 biswas and Khata No.9, Khasra No.172 to 177, 444, 447 in all eight admeasuring 36 Bighas 11 Biswas situated at village Daulatpura Tehsil Amer, District Jaipur, aggregating to 46 Bighas 9 Biswas was in the joint khatedari of the plaintiff and the defendants in which the plaintiff had half share and the defendants Birdha and Mangla and also their successor in interest/ assignee the vendee Ram Kishore had half share. It was stated that the Settlement department had wrongly recorded the land of aforesaid two Khatas No.40 and 9 aggregating to 46 Bighas 9 Biswas aforesaid as in 1/3 share to plaintiff and 2/3 share of defendants No.1&2. In these circumstances, the plaintiff claimed a declaration that he be declared the sole khatedar to an extent of half share of the land in the two Khatas No.40 and 9 aggregating to 46 Bighas 9 Biswas situated in village Daulatpura, Tehsil Amer, and thereupon the land be divided by metes and bounds. The plaintiff also sought a restraint on the defendants in suit from interfering in plaintiff's alleged half share in 46 Bighas 9 Biswas situated in village Daulatpura, Tehsil Amer.

(3.) AGAINST the concurrent findings of the learned Assistant Collector-I, Jaipur and the Revenue Appellate Authority Jaipur, the plaintiff Chothu filed a second appeal before the Board of Revenue under Section 224 of the 1955 Act. The learned Board vide order dated 3-10-2002 allowed the second appeal and held that plaintiff Chothu was entitled to half share in the land of aforesaid two Khatas No.40 and 9 admeasuring 46 Bighas 9 Biswas situated in village Daulatpura, Tehsil Amer. Aggrieved the petitioners, who were the respondents before the Board of Revenue, have laid this Writ Petition.