BABU LAL Vs. RAM SINGH

JUDGEMENT

(1.) This petition is filed aggrieved of judgment and decree passed in favour of respondent No.1 /plaintiff (for short respondent) and dismissal of appeals.

(2.) Succinctly facts are that parties to lis are brothers and sisters belonging to Meena community. Respondent filed a suit under the provisions of the Rajasthan Tenancy Act, 1955 for removal of names of petitioner Nos. 2 to 5 (herein after referred to as petitioners) from mutation and to enter names of petitioner No.1 and respondent for half share each. Further defendant be restrained for interfering in the share of land of respondent. It was pleaded that land described in the suit is an ancestral property. Hindu Succession Act, 1956 (for short 'Succession Act') is not applicable to Parties. The father of the parties expired ten to twelve years ago and the land should be entered in name of both the sons, petitioner No.1 and respondent. The petitioners are married and reside in the their matrimonial home. After the death of the mother of the parties the name of petitioners were also entered in mutation. In written statement the stand taken was that father of the parties partitioned the land during his life time and gave 1/6 share of property to each of them.

(3.) The respondent deposed himself and examined two more witnesses, Jamabandi was exhibited. Petitioners No.1 to 5 appeared as witness and produced certified copy of Jamabandi. The suit was decreed on 31/3/2009. It was held :- (i) the property in dispute is ancestral property; (ii) the parties belong to Meena community and succession Act is not applicable and (iii) daughters had no inheritance rights in ancestral property. The appeals filed by petitioners No.1 to 5 were dismissed on 25/11/2009 and 3/8/2015. Hence, the writ petition.