THAKUR SINGH Vs. BOARD OF REVENUE RAJASTHAN, AJMER

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellants.

(2.) This Special Appeal arises out of the judgment of learned Single Judge dated 7.2.2014, by which he has confirmed the orders passed by the revenue authorities, which consistently held, that the Sanad relied upon by the appellant for allotment of the land in the name of Jassu Singh, his adoptive father, was a highly doubtful document.

(3.) The suit filed by the appellant for rectification, injunction and declaration of an entry in Jamabandi was dismissed. The appeal was also dismissed by the Revenue Appellate Authority. The revision filed against the same also received the same fate, against which, the appellant filed the writ petition, submitting that the settlement was not hit by Section 42, as the amendment came in the year 1964. The date of settlement was however, not indicated, showing whether the name of Jassu Singh was entered prior to the year 1964, or subsequently. Learned Single Judge relied upon the concurrent findings of the courts below, which could not be upset in the writ petition, and maintained the finding that the appellant could not get any right in pursuance to the alleged Sanad, unsettling the rights of the Scheduled Castes and Scheduled Tribes persons, who were recorded to be in cultivatory possession of the land, prior to the issuance of the alleged Sanad.