DAN SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition has been filed against the order of the Board of Revenue for Rajasthan, Ajmer dated June 6, 1974 allowing a second appeal preferred before it by respondent No. 2 and arising out of a suit for declaration and injunction.

(2.) THE petitioner filed a suit in the court of Sub -Divisional Officer, Sri Karanpur for a declaration and injunction on the allegation that he was the tenant of half share of Marimba No. 41 of Chak LNP, which was inherited by him from his father and that the defendant Jagir Singh, who is his real brother, was the owner of the tenancy rights in the other half of the aforesaid holding. Jagir Singh respondent No. 2, however, claimed himself to be the sole owner of the entire land in dispute on the basis of a Will, said to have been made in his favour by Pasha Singh, the father of both, the plaintiff as, well as the defendant. The Sub -Divisional Officer as well as the Revenue Appellate Authority held that the Will was executed by Pakhar Singh without the consent of the Collector of the District and as such the transfer was void on account of the provisions of Section 13 of the Rajasthan Colonization Act, 1954 (here in after referred to as 'the Act'). Both the aforesaid courts decreed the plaintiff's suit and gave declaration in favour of the plaintiff as prayed by him.

(3.) IN this court, it was argued by the learned Counsel for the petitioner that Section 13 of the Act prohibits transfer of any right of a tenant or condition of a charge. Section 13 of the Act runs as under: