CHHOGI Vs. LRS OF VANA RAM

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the respondent no.1 (since deceased represented through his legal representatives respondents no.1/1 to 1/6 herein) instituted a suit (registered as Revenue Case No. 237/2008) under Ss. 88 & 188 Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'Act of 1955') before the learned Sub Divisional Officer (SDO), Bali, District Pali (Rajasthan) against the petitioners and respondents no.2 to 6 for declaration of khatedari rights and permanent injunction, stating therein that a land comprising old khasra no.144 measuring 16 bigha 16 biswa (new khasra no.293 rakba 3.36 hectares) situated in Village-Bhagli, Tehsil-Bali was illegally, fraudulently and in collusion with the official of the settlement department, got recorded in the name of one Ota Ram (Otiya) (since deceased represented by his legal representatives-petitioners herein). It was thus prayed in the suit that such wrongful and fraudulent recording pertaining to the land in question may be cancelled and thereafter, the land in question may be recorded in the name of the respondents no.1 to 5 (private respondents), being the khatedar and descendants of the original khatedar Late Vena Ram (Veniya).

(3.) Learned counsel for the petitioners submitted that the private respondents claimed themselves to be the descendants of Rama s/o Vena Ram (Veniya) while showing the mutation entry no.28 dtd. 21/10/1962, despite the fact that the said mutation entry was recorded in name of Rama s/o Keniya and not in the name of Ram s/o Vena Ram (Veniya), and therefore, the averments made by the private respondents were baseless and false.