DEVI LAL Vs. HARI SINGH

JUDGEMENT

(1.) Briefly stated, the facts leading up to the present petition are that the petitioner filed a revenue suit before the SDO-Begu, District Chittorgarh (for short 'the trial court') under sec. 88 of the Rajasthan Tenancy Act, 1955 for declaration of khatedari rights. It was averred therein by the petitioner that he came into possession of the suit property vide sale deed dtd. 3/8/1976 executed in his favor by one Smt. Mohan Kumari for a total sale consideration of Rs.99.00 only.

(2.) The trial Court decreed the petitioner's suit inter alia holding that the petitioner was having continuous possession of the subject property for more than 12 years. The trial Court though observed that the document dtd. 3/8/1976 was not properly stamped and was required to be registered, decreed the suit and directed the patwari to mutate the land in petitioner's name in case the petitioner deposits the applicable registration charges or (sic stamp duty).

(3.) Aggrieved from the decree of the trial court the respondent preferred an appeal under sec. 223 of the Rajasthan Tenancy Act, 1955 before the Revenue Appellate Authority which allowed the appeal inter alia holding that the trial court was not correct in decreeing the suit on the basis of adverse possession, as there was no issue framed in this regard. The Revenue Appellate Authority further held that the valuation of the land was not correctly indicated in the sale deed dtd. 3/8/1976, and the same was done to avoid registration.