ROOPARAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against judgment dated 07.09.2012 passed by the Board of Revenue, Rajasthan ('Board'), whereby, the appeal filed by the petitioner against judgment dated 05.03.1993 passed by the Revenue Appellate Authority, Bikaner ('RAA') has been dismissed.

(2.) PLAINTIFFS - Mst. Lichma, Mst. Dakha, Mst. Bhaga and Mst. Sugani all daughters of Chundas filed a suit for declaration, partition and permanent injunction against Hanuman Das and Onkar Das, their brothers and certain transferees from them; it was, inter alia, claimed in the suit that the land in dispute belonged to deceased Chundas, who expired in the year 1968 and the plaintiffs - all daughters of Chundas were his legal heirs along with Hanuman Das and Onkar Das and have equal share in the land in question; it was submitted that the land has been got mutated in the name of Hanuman Das and he has transferred the land without any authority of law and, therefore, the sale deeds are ab initio void and prayed that the sale deeds be cancelled and declared void, the land in question be partitioned and injunction be issued against the defendants not to transfer the land.

(3.) THE RAA on an appeal filed by the plaintiffs came to the conclusion that from the revenue records i.e. Exhibits -3 to 18, it is apparent that it was Chundas only, who was in possession of the land in question and, therefore, the revenue entries indicating the name of Hanuman Das were incorrect and there was no requirement to get the revenue record corrected in view of the suit for declaration.