ONKARI Vs. BOARD OF REVENUE RAJASTHAN

JUDGEMENT

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

(2.) Learned Single Judge has dismissed the writ petition arising out of the suit for declaration, partition and injunction filed by Kalyan and Chauthmal, the real brothers of Gopi, all sons of Hazari. The suit was decreed, declaring that all the four brothers, namely, Kalyan-plaintiff respondent No.1, Chauthmal, Gopi and Lodkya have inherited the properties of their father late Shri Hazari in equal shares. An appeal arising out of the order dated 21.4.2010 passed by Sub Divisional Officer, Uniyara, District Tonk was dismissed by the appellate authority on 29.4.2011, and a second appeal was dismissed by the Revenue Board on 21.7.2011, against which the writ petition was filed. Learned Single Judge did not find any good ground to interfere with the concurrent judgments of the revenue authorities, and dismissed the writ petition, giving rise to this Special Appeal.

(3.) It is submitted by learned Senior Counsel appearing for the appellants that the appellants are heirs and legal representatives of late Gopi. Learned Single Judge committed gross error of law in holding that Hazari, father of Gopi, the predecessor-in-interest of the appellants inherited the properties of Sukha, as he had married his daughter Bhanwar Bai and was living as ghar jamai.