KEDAR MAL Vs. THE BOARD OF REVENUE AJMER

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India challenges the order dated 27 -10 -1993 passed by the Board of Revenue Ajmer (hereinafter the Board) allowing the appeal filed by Sarpanch Gram Panchayat Niwai and another and setting aside the order dated 31 -1 -1986 passed by the Revenue Appellate Authority Jaipur (hereinafter 'the RAA') in appeals No. 19/1984 and 29/1984 while substantially restoring the judgment dated 28 -5 -1984 passed by the Sub Divisional Officer Nawalgarh District Jhunjhunu (hereinafter 'the SDO') dismissing the plaintiff's suit for declaration as khatedar of 12 bigha 6 biswa agricultural land in khasra No. 238 village Niwai Tehsil Nawalgarh District Jhunjhunu.

(2.) THE facts of the case are that the respondent plaintiff Kedar Mal, now deceased and represented through his legal representatives 1/1 to 1/7 (hereinafter the plaintiff) filed a suit before the SDO on 1 -6 -1972 regarding khasra No. 238 admeasuring 12 bighas 6 biswas in village Niwai stating that his and prior to him that of his ancestors possession of the suit land dated back to several decades. It was stated that the plaintiff's great grand father, one Boyat Ram, had been allotted the land in issue by then jagirdar Bisau. The land was inter alia used for grazing cattle. After promulgation of the Jagirdari and Biswedari Abolition Act, 1952 the land continued in possession of the plaintiff, although the rent thereon had never been paid. It was alleged that subsequently owing to an error in the course of Settlement operations the suit land had been wrongly recorded as charagah, although it was never used as such by the generality of villagers for grazing their cattle, nor was it ever in the control of the Panchayat. 11 was stated that it was only on receipt of a notice under Section 91 of the Rajasthan Land Revenue Act, 1956 (hereinafter '1956 Act') that the plaintiff came to know that the suit land was recorded in revenue records as pasture land. It was therefore prayed that the plaintiff be declared as khatedar of the suit land.

(3.) THE SDO framed eight issues. On the evidence before the SDO, the suit was dismissed vide judgment dated 10 -3 -1980. On appeal, the RAA vide judgment dated 20 -12 -1982 remanded the matter for reconsideration on the basis of certain fresh documents filed in appeal. Two additional issues were also framed by the RAA for decision by the SDO on readjudication directed following the remand. Yet, vide judgment dated 28 -5 -1984, the SDO again dismissed the suit filed by the plaintiff. Yet in respect of 10 biswa land, over which the plaintiff had constructed a house, steps for regularisation as abadi were directed to be taken by the SDO.