DROPATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers as under:-

(2.) Brief facts of the case are that one Kesraram, petitioner Dropati's father, during his lifetime, married twice; firstly with Smt. Rukma, and out of their wedlock, one Natthuram was born and then he married Smt. Dakha and out of their wedlock, the petitioner i.e. Smt. Dropati was born. After the death of Kesraram's first wife i.e. Rukma, he married Smt. Dakha, who already had four offsprings from her first marriage with one Pemaram.

(3.) The petitioner herein filed a Revenue Suit in the Court of Sub Divisional Officer (SDO), Raisinghnagar, District Sri Ganganagar, under Ss. 92-A and 53 of the Rajasthan Tenancy Act, 1995 (hereinafter referred to as "the Act of 1955"), for partition and permanent injunction on the ground that the petitioner is a legal heir of the deceased Kesaram and has right in 1/2 share of the agricultural land situated at Chak No.51 NP Sq.No.36 comprising of 24.10 Bigha, which was permanently allotted to father of the petitioner, who expired in the year 1988 leaving behind the disputed land in question for which, the petitioner filed a suit against her late step-brother namely Natthuram, who is the son of the petitioner's late father i.e. Kesraram from his previous marriage with Smt. Rukma. Nathuram also expired and thus, his legal representatives are party respondents in the writ petition as respondents Nos.5 to 9.