DURGA SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This petition is directed against the order passed by the Board of Revenue on 20th March, 1985, dismissing the appeal filed by the petitioner against determination of ceiling area vide order dated 18.7,1980. This proceeding took place as a result of order passed by the Government under 5 Section 15(1) of the Rajasthan Imposition of Ceiling on Agricultural Holdings 1973 (hereinafter called as "the Act of 1973").

(3.) The chronology of the events shows as urged by the learned counsel for the petitioner that by order dated 18.5.1971 passed by the Addl. Collector, Sawaimadhopur Durga Singh, Karen Singh and to Yagyanarayan Singh as sons of Ummed Singh, predeceased brother of erstwhile holder Jagirdar Udai Singh were jointly holding 62 standard acres of land, of which 6.4 acres of land were transferred on 10.9.1968 which was recognised and the remaining land was considered as holding of their joint account. Under the ceiling law, each of the brothers could 15 hold the land upto standard acres in their possession, hence none of the brothers was found holding the land in excess of ceiling limit. Therefore, the proceedings under Chapter Ill B of the Rajasthan Tenancy Act, 1955 were dropped.