SOHAN LAL Vs. PURSHOTTAM LAL

JUDGEMENT

(1.) THIS is second appeal under the Rajasthan Tenancy Act, 1955 against judgment and decree dated 6-5-71 of the Revenue Appellate Authority, Udaipur which was passed in revenue appeal No. 207 of 1970. Purshottam Lal plaintiff brought a suit under Sec. 53 of the Rajasthan Tenancy Act for partition of joint holding on the basis of recorded half share of the plaintiff and the remaining half of the defendants. The suit disclosed a joint holding of khasra Nos. measuring 8 bighas 3 biswas situated in Kapasan. The defendants averred in their written statements that two more khasra Nos. 3857 of 2 biswas and 3858 of 1 bigha 14 biswas were also in joint possession of the two contesting parties and so they should also form the subject matter of partition. The defendants further claimed that private partition had already been effected between the parties in respect of the disputed holding sometime in 1953 and both parties had separated with their share of land and so the question of further partition of the holding did not arise but they admitted that if any such partition had been ever effected by the consent of the parties it was not duly recorded either in the form of an instrument or incorporated in the record of right. According to the record of right the entire holding remained joint and half has been shown to belonging to the plaintiff and half to the defendants.

(2.) THE defendants further claimed that the joint holding in dispute had come from original khatedar Prabhulal whose widow Mst. Bhooribai was alive. Prabhulal had two sons Purshottam Lal who is the plaintiff and Gordhan Lal who has since expired leaving behind Sohanlal. Mohanlal and Giriraj Prasad, sons who are the defendants in the present suit. THE defendants claimed that Mst. Boori Bai was a necessary party to the present suit of partition and that she was entitled to l/3rd share in the disputed holding and 1/3rd share should go to the plaintiff and the rest 1/3rd share to the defendants jointly.

(3.) IN the circumstances we see no substance in this second appeal which is hereby dismissed with costs and the judgment and decree dated 6-5 71 of the Revenue Appellate Authority, Udaipur is hereby confirmed. The amended Sec 54a of the Rajasthan Tenancy Act, 1955 should be kept in view while effecting partition of a joint holding in the present case. .