BHAIRU LAL Vs. SHANKAR LAL

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-

(2.) The brief facts of the case are that the defendants-respondents Nos.1 to 12 filed a suit (Annex.1) under Sec. 88, 92A, 53 and 188 of the Rajasthan Tenancy Act, 1955 came to be filed before the Assistant Collector, Sojat being Suit No.86/1998 for declaration that the agricultural land situated in village Sojat Road, Patwar Circle Siyat Bera Raghunath Sagar, measuring 24.14 hectare be declared in their names and revenue record be rectified accordingly. It was also prayed that partition of the suit property in 2/3 be made and permanent injunction be also granted against the petitioners-defendants.

(3.) The petitioners-defendants filed reply to the suit stating therein that the total rakba was 140 bighas 1 biswa out of which 1/3rd share was in possession of the petitioners-defendants and their father late Shri Jeevraj Ji. It was also stated that the respondents-plaintiffs sold their 2/3rd portion to the present petitioners-defendants and their father Late Shri Jeevaram through registered sale-deed dtd. 11/7/1956 and therefore, they do not have any right over the suit property. Since 11/7/1956, the petitioners-defendants have right over the said 2/3rd portion and are also having the possession over the same and, thus, they have neither title over the suit property nor any cause of action arose to file the suit.