SITA RAM Vs. MANGI BAI & ORS

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 19.8.2015 passed by the learned Single Judge, whereby the writ petition filed by the respondents No.1 to 3 has been allowed and the order dated 17.8.2012 of the Board of Revenue, Rajasthan, Ajmer ('Board') has been set-aside resulting in the order dated 21.10.2002 passed by the Commissioner, Settlement, Rajasthan getting restored. The land ad measuring 16 Bighas 3 Biswas comprised in khasara No.77, 176, 177 & 421 was recorded in the name of Kajod at Village Bagthal, Tehsil Vallabhnagar, District Udaipur. On death of said Kajod on the strength of will dated 13.1.1997 said to have been executed by Kajod in favour of appellant-Sita Ram, the mutation of the land was attested in his favour.

(2.) Feeling aggrieved, the wife and daughters of Kajod filed appeal before the Settlement Officer (Land), Udaipur, which appeal was dismissed by the Settlement Officer, Udaipur vide order dated 13.3.2001.

(3.) Aggrieved against that, the respondents No.1 to 3 filed second appeal, which was allowed by the Commissioner, Settlement, Rajasthan by his order dated 21.10.2002, who while cancelling the mutation attested in favour of appellant-Sita Ram remanded the matter to Tehsildar, Vallabhnagar to take appropriate proceedings after due enquiry.