LRS OF RAJU Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Briefly stated facts of the case are that Raju, son of Badra Ji (predecessor of the petitioners), filed a suit under Sec. 88 and 188 of Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'Act of 1955') before the court of Assistant Collector (SDO), Balotra seeking injunction and declaration of tenancy (khatedari) rights stating that his elder brother, Late Shri Mangla, (predecessor of the private respondents) was having ancestral agriculture land, bearing Khasra No.407 Rakba, ad-measuring 27 bighas and 5 biswas, situated at Village Jasol, District-Barmer. It was further stated that in the revenue records at the time of settlement, though entry in name of Late Shri Mangla was made but both brothers were having 1/2 share each in the suit property. It was thus prayed that declaration for necessary corrections be made in revenue record to the effect that Raju is having 1/2 share in the suit property.

(2.) In the written statement submitted on behalf of private respondents, it was stated that the suit property was self acquired property of Late Shri Mangla and pursuant thereto, revenue entries were made in his name. It was further stated that the land was in exclusive possession of Late Shri Mangla from the very beginning which is being cultivated and possessed by his legal heirs.

(3.) The court of Assistant Collector (SDO), Balotra on the basis of the pleadings framed necessary issues and after analysing evidence led by the parties, vide judgment and decree dtd. 30/4/2003 rejected the suit holding that the applicant-Raju has failed to prove that the suit property was inherited by Late Shri Mangla and therefore, he had 1/2 share in the property.