RAMSWAROOP AND ORS Vs. MANNA LAL AND ORS.

JUDGEMENT

(1.) This petition has been filed against the Judgment dated 6.3.2014 passed by the Board of Revenue, ajasthan, Ajmer (hereinafter 'the Board') whereby it has set-aside the Judgment & Decree dated 28.6.2000 passed by the Revenue Appellate Authority, Sikar (hereinafter 'the RAA') restoring that of the SDO, Jhunjhunu passed on 12.6.1998.

(2.) The facts of the case are that the respondent-plaintiff (hereinafter 'the plaintiff') filed a suit for declaration and partition claiming that the suit land was ancestral property belonging to the grand-father of both the plaintiff and the defendants-one Saligram. It was stated that the plaintiffs were the sons of Murlidhar-one of the six son of Saligram and in terms of a preexisting arrangement between the family members in exclusive possession of 1/6th share in Khasra No. 908/1 ad-measuring 8 bigha 15 biswas situate in Jhunjhunu. It was prayed that they be accordingly declared khatedars to that extent over the portion described in the plaint.

(3.) Written statement to the suit was filed on 5.8.1996 wherein it was admitted by the petitioner-defendant (hereinafter 'the defendant') Ramswaroop as also the two sons of another son of Saligram, one Vishwanath (the co-defendant) that the suit property was indeed ancestral. The defendant Ramswaroop in the written statement specifically stated that the plaintiff's suit be decreed.