SARJAYO Vs. THE BOARD OF REVENUE

JUDGEMENT

(1.) RESTORED and heard on merits.

(2.) THIS petition impugns the judgment dated 20 -9 -2011 passed by the Board of Revenue, Ajmer (headquarter 'the Board') whereby it has set aside the judgment and decree dated 16 -9 -2003 passed by the Revenue Appellate Authority, Sawai Madhopur (RAA) while restoring the judgment and decree dated 16 -5 -2002 passed by the Assistant Collector Sawai Madhopur on the plaintiff -respondent's suit for declaration of khatedari rights, partition, permanent injunction and correction of entries, and directing that in terms of Rules 20 and 21 of the Rajasthan Tenancy (Board of Revenue) the report of the jurisdictional Tehsildar on the partition as directed be obtained and after hearing the parties the final decree of partition be passed.

(3.) ON service of notice on the plaint, the defendants -petitioners (hereinafter 'the defendants') denied any relation with Felu or that the land in issue was ancestral. It was stated that following Kanhaiya's death his widow the plaintiff Ramniwasi had gone in "NATA" to Laddu Mali and plaintiffs No. 2&3 born of that relationship. It was prayed that the suit thus be dismissed.