MUKESH & OTHERS Vs. PANO & OTHERS

JUDGEMENT

(1.) The petitioners-defendants (hereinafter 'the defendants') have challenged the judgment dated 25-6-2015 passed by the Board of Revenue Ajmer (hereinafter 'the Board') dismissing the second appeal No.9710/2012 filed by the defendants and allowing the second appeal No.9738/2012 filed by plaintiffs-respondents (hereinafter 'the plaintiffs') against the judgment dated 19-11-2012 in first appeal passed by the Revenue Appellate Authority Sawai Madhopur.

(2.) The facts of the case are that in the year 2009 a suit (21/2009) before the Sub Divisional Magistrate Karauli for correction of entries, declaration, permanent injunction and partition was filed by the plaintiffs (Mst.Pano, Jagdish and Mst.Chhoti, widow, son and daughter of Kishori) with regard to land in khasra No.5794 measuring 2 bighas 5 biswas (hereinafter 'the suit land') claiming that the suit land first belonged to Parsoli, who had two sons Sarwan and Kishori both then dead. Sarwan died without legal heirs and Kishori's successors in interest were Mst.Pano, Chhoti, Jagdish and Moola, also then dead. The defendants Brajmohan, Shakuntala, Mukesh and Santosh were successors of Moola. Therefore the plaintiffs, three out of four of Kishori's successors claimed share in the suit land, with share being that of the successors of Moola s/o Kishori. It was also stated that namantarkaran No.377 dated 7-1-1971 and No.720 dated 27-1-1982 in the name of Sarwan and defendants had been quashed vide SDO's judgment dated 2-6-1986. Therefore, a decree of partition of suit land and permanent injunction was prayed for.

(3.) On service of summons on the plaint, the defendants filed a reply of denial. They denied the suit land was an ancestral property having belonged to Parsoli. The relationship of the plaintiffs with the suit land was denied. With regard to judgment dated 2-6-1986 it was stated that the same was under challenge in a pending appeal before the Revenue Appellate Authority, Kota.