KRISHAN CHANDER Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the defendants in a suit for partition of agricultural lands and some other reliefs against the judgment of the Board of Revenue.

(2.) THE agricultural lands were owned by one Narain the common ancestor of the plaintiffs and the defendants. Narain had 5 sons Onkarlal, Kanhaiya Lal, Moti Lal, chuni Lal and Chhoga Lal. The branches of Kanhaiya Lal and Chuni Lal have admittedly become extinct. Onkar Lal had two sons Radha Vallabh and Gopi vallabh. The plaintiffs are the sons of Gopi Vallabh. Defendants Nos. 1 and 2 are the sons of Radha Vallabh. Defendants Nos. 9 and 6 are sons of Defendant No. 2. Defendant No. 7 is the son of Defendant No. 9. Defendant No. 3 is the son of Moti lal and Defendant No. 8 is the son of Defendant No. 3. The plaintiffs alleged in the alternative that Gopi Vallabh was adopted by Chhoga Lal's widow Smt. Vedi Devi. If the adoption is proved the share of the plaintiffs would be one-third in the property in suit. If it is not proved then their share would be one-fourth.

(3.) THE suit was resisted inter alia on the ground that Gopi Vallabh had renounced his share in the coparcenary property and his sons consequently could claim no share in it. This ground prevailed with the Assistant Collector and the Revenue appellate Authority and they dismissed the suit of the plaintiffs altogether. The board of Revenue however held that the renunciation of his share by Gopi Vallabh did not deprive his sons Krishna Vallabh and Krishna Gopal of a share in the joint family property as they continued to remain coparceners. On this finding the Board of Revenue remanded the suit for disposal in accordance with law to the Court or the Assistant Collector.