BHANWARU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order dtd. 27/5/2015 passed by the learned Single Judge, whereby, the writ petition filed by the petitioner has been dismissed. Jamal Khan, father of petitioners " Bhanwaru Khan, Yasin Khan, Peeru Khan and Ahmed Khan filed a suit before the Addl.

(2.) Collector, Sujangarh for declaration, correction in revenue record and partition against the children of Alladeen Khan with the averments that the original plaintiff Jamal Khan and father of defendants Alladeen Khan were brothers being children of Jeevan Khan. It was claimed that the land ad measuring 3 Bigha and 19 Biswa situated in khasra no. 163 (old khasra No. 52) was in possession of Jamal Khan and Alladeen Khan from the life time of Jeevan Khan. It was claimed that Jeevan Khan in his life time partitioned the said land and southern portion ad measuring 1 Bigha 9 Biswa was given to Alladeen Khan and northern portion ad measuring 02 Bigha was given to Jamal Khan, since then he was in peaceful possession and presently same was in possession of children of Jamal Khan. It was claimed that the portion which was received by way of partition continued to be in possession of both the parties/their children.

(3.) It was also claimed that as Jamal Khan was illiterate and was aged 80 years, the entire land comprised in khasra no. 163 was got recorded in the name of Alladeen Khan and, thereafter, in the name of his children about which Jamal Khan did not know though he and, thereafter, his children remained in possession. When the defendants attempted to take forcible possession of the land in question, they became aware of the fact that the land has been wrongly recorded in the name of defendants. Based on the said submissions, it was prayed that it be declared that the land comprised in Khasra No. 163 ad measuring 3 Bigha 19 Biswa situated at village Dulia, Tehsil Sujangarh is of joint tenancy of Jamal Khan and Alladeen Khan in which Jamal Khan had half share and, therefore, plaintiffs are entitled to get their names entered in revenue record. The property be partitioned and same be recorded in the name of plaintiffs.