PRABHU DAYAL Vs. THE BOARD OF REVENUE

JUDGEMENT

(1.) THIS petition purporting to be one under Article 226 of the Constitution of India challenges the order dated 30.3.2001 passed by the Board of Revenue, Ajmer (hereinafter 'the Board') upholding the judgment and final decree dated 30.7.1999 passed by the Assistant Collector & Executive Magistrate, Chomu District Jaipur (hereinafter 'the trial court') and drawn on 9.8.1999 and prays that the objections of the petitioners defendant now deceased and represented by his legal representatives (hereinafter 'the defendants') against the kurijat report and the proposals of partition submitted by the Tehsildar pursuant to the preliminary decree be allowed and the final decree be quashed and set aside.

(2.) ONE Bhonrilal (now deceased and represented by his LRs) filed a suit for partition in respect of agricultural lands in khasra No. 1863 (old) measuring 27 bighas and 12 biswas and Khasra No. 1886 (old) measuring 5 bighas 17 biswas as detailed in para No. 1 of the plaint. The said lands were claimed to be ancestral and joint. The possession of the lands coming to the share of the plaintiff in terms of the final decree of the Court as passed, was also sought. Inevitably the suit as laid was contested in the written statement filed by the defendant. An earlier partition -30 years prior to laying of the suit was propounded and it was stated that in terms thereof the parties were already in possession. The plaintiff Bhonrilal expired during the pendency of the suit and his legal representatives now respondents No. 4 to 9 in this petition were substituted.

(3.) THE defendant's appeal before the RAA was allowed vide judgment dated 20.6.2000 and the matter remanded but only for consideration of objections to an extent of 1.07 bighas of land as the defendant agreed to the final decree as to the partition of the remainder land. A further appeal by the plaintiff to the Board was allowed and RAA's judgment of 20.6.2000 set aside and that of the trial court restored. Hence this writ petition.