MARUDHAR KANWAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) These writ petitions are directed against judgment dated 17.10.1996 passed by the Board of Revenue, judgment dated 02.11.1991 passed by Additional Divisional Commissioner, Jodhpur and judgment dated 25.02.1991 passed by District Collector, Jodhpur.

(2.) The facts in brief may be noticed thus : respondents Bhanwar Singh and six others claiming themselves to be legal representatives of Smt. Sugan Kanwar and Sohan Kanwar filed an appeal on 16.06.1989 under Section 75 of the Rajasthan Land Revenue Act, 1956 ('the Act') against order dated 13.11.1974, whereby, Mutation No.60 was accepted qua the land situated at village Nandari against Dariyav Kanwar, Baluu Singh and the Gram Panchayat, inter alia, with the averments that the land, which was subject matter of appeal was in the possession of Rewat Suingh, Shaitan Singh at the time of settlement; Rewat Singh was unmarried, who adopted Sugan Kanwar mother of appellant Bhanwar Singh and six others; after his death, Saithan Singh also expired; it was claimed that on death of Rewat Singh tenancy rights regarding half portion of the disputed land were succeeded by Smt. Sugan Kanwar and after death of Shaitan Singh, the same were succeeded by his wife Dariyav Kanwar and appellant Sohan Kanwar; Balu Singh had no right or share in the said property; whereafter alternative pleas were raised regarding circumstances that if Balu Singh had a share, if Sugan Kanwar's adoption to Rewat Singh was not accepted and it was claimed that the mutation which was accepted in the year 1974, the legal representatives of Rewat Singh were not entered/all the legal representatives of Shaitan Singh were not entered; it was claimed that after death of Shaitan Singh alongwith Dariyav Kanwar his daughters Sugan Kanwar and Sohan Kanwar also became Khatedars, however, they were not indicated.

(3.) The respondent Smt. Dariyav Kanwar accepted the plea raised by the appellants; the District Collector, Jodhpur vide his order dated 25.02.1991 observed that the foremost issue pertains to limitation of the appeal, regarding which, a separate order has been passed and appeal has been treated as within limitation; whereafter, in view of lack of any contest on part of Dariyav Kanwar, the District Collector, Jodhpur came to the conclusion that after death of Rewat Singh, Sugan Kanwar had share and after her death appellant No.1-7 had share in the said property; Sohan Kanwar being daughter of Shaitan Singh also had a share and, therefore, the order passed on 13.11.1974 was liable to be set aside and ordered that mutation in the name of appellants qua share of Rewat Singh and Shaitan Singh alongwith Dariyav Kanwar be accepted; however, the order would not affect the share of Balu Singh in the land.