CHHAGANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ by the petitioners Chhaganlal and Hukam Chand under Article 226 of the Constitution of India is directed against the judgment of the Board of Revenue dated December 21. 1981.

(2.) The brief facts leading to this writ. petition are that a declaration was filed by Chhaganlal and his brother Gopal regarding their land under the ceiling proceedings. iN the said declaration hhaganlal had declared Hukam chand as his grandson. Gopal had also not mentioned that Hukam Chand was his adopted son. The matter went up to the Board of Revenue and the case was remanded by the Board of Revenue with the direction that the question whether Hukamchand was the adopted son of Gopal should be decided alter making enquiry in this regard. After the re-mand of the case the petitioners led oral and documentary evidence and the Assistant Collector Baran after taking into consideration the entire evidence arrived at the conclusion that the petitioners had not proved the adoption of Hukam Chand. The appeal filed by the petitioners was also dismissed by the Revenue Appellate Authority and the Board of Revenue by the impugned judgment dt. Dec. 21, 1981. upheld the order of the Revenue Appellate Authority. Thus there is a concurrent finding of all the courts including the Board of Revenue that the adoption of Hukam Chand by Gopal is not proved.

(3.) Mr. Luhadia. learned counsel for the petitioner trierd to assail the finding of the Board of Revenue with regard to adoption but we are clearly of opinion that the Board of Revenue has given cogent reasons after taking into consideration the entire evidence led in this regard that the adoption of Hukam-chand is not proved. That apart, it is purely a finding of fact which cannot be assailed in the exercise of Jurisdiction, of this Court under Article 226 of the Constitution of India.