NAGAR PALIKA KHETRI & ANR. Vs. RAMESHWAR LAL

JUDGEMENT

(1.) THIS is defendant's second appeal assailing the judgment & decree dated 14/7/2011 passed by learned Additional District Judge, Khetri whereby, he dismissed the appeal and confirmed the judgment and decree dated 8/5/2008 passed by learned Civil Judge (Junior Division), Khetri decreeing the suit in favour of the plaintiff. The learned trial court held that patta was issued in favour of the plaintiff respondent by the Municipal Board as far as back 7/6/1985. Witness PW2 proved that plaintiff did not have any house and that though his parents' house is situated close by but he has no share in the said house as his brother has the share. Plaintiff constructed the house with due permission from the Municipal Board, which fact has been proved by the witnesses of both, the plaintiff and defendant. Gyarsilal (DW1) LDC in the Municipal Board, who maintained all the records relating to regularization and alleged possession has also proved these facts. Patta issued by the Municipal Board was based on the Sanad issued for the land size of 330 square yards by the Tehsildar Peepli in Samwat 1976, which in fact was proof of his possession over the disputed land for last 50 years in Khasra No. 1705.

(2.) THE contention of the learned counsel for the appellant is that the land was transferred to the Municipal Board and therefore no sanad could be issued by Tehsildar. It is contended that when the patta issued by the Municipal Board on 7/6/1985 was cancelled by the District Collector vide order dated 27/3/1995 as this was nazul land, and that the Tehsildar had no power to issue the sanad on 29/6/1976 and as such, the subsequent patta, which was issued by the Municipal Board became ineffective. The order passed by the District Collector attained finality. Nazul Land has been defined in Section 3(1)(1b) of the Rajasthan Land Revenue Act, 1956, which belongs to the State. As per the notification dated 5/10/1971, the Tehsildar has no power to issue a patta in Municipal Area and therefore the patta issued by the Tehsildar in Municipal area regarding a nazul land is void ab initio.