LADURAM Vs. HANUMAN DASS

JUDGEMENT

(1.) THIS revision application which has wrongly been styled as appeal has been filed against an order of the Additional Commissioner Jodhpur dated 15-10-54 in a case under the Marwar Patta Act.

(2.) THE brief facts of the case are that Shri Laduram, Hanuman Dass and Shyam Dass who are brothers applied for a patta of a residential house at Nazir-ki-bavri, Jodhpur City. Laduram, however, prayed that a joint patta in the name of all three brothers should be given for the entire property. THE City Patta Office therefore ordered that a joint patta be given to all the three brothers. Hanuman Dass filed an objection against this order before the Patta Committee who upheld the order of the City Patta Officer. Hanuman Dass then went up in appeal against this order to the Additional Commissioner, Jodhpur, who holding that the Patta Committee is primarily concerned with the actual possession and not with anything else and that if some one comes forward with an objection that the property of which a patta is being desired forms part of a joint family property such objector should have some prima facie case to convince the Patta Committee that the property is joint allowed the appeal and remanded the case to the Patta Committee with the direction that they might ascertain by further enquiry the property of which Hanuman Dass is in sole and exclusive possession and may grant him patta separately. Laduram has now come in revision against that order before this Board.