CHIMNA Vs. STATE BOARD OF REVENUE

JUDGEMENT

(1.) THIS is an application by Chimna under Art. 226 of the Constitution for a writ of certiorari and arises in the following circumstances: - Girdhari brought a suit against Chimna and his father Daula for ejectment from certain land. Girdhari claimed that the land was Bapidari tenancy of one Deda who died many years ago. His widow Mst. Suwati adopted Girdhari in October, 1948, and since then Girdhari was in possession of the land as the adopted son of Deda. He was forcibly ejected by Chimna and Daula in 1950. Consequently, he filed this suit in April, 1952. for, possession of the land on the ground that he was the rightful owner of the Bapidari rights in the land.

(2.) THE suit was resisted by the present applicant and his father and the case that appears to have been put forward on their behalf was that it was not open to the revenue court to decide the question of adoption as that was a matter of status and further that an issue should have been framed under sec. 36 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Act No. 1 of 1951) and referred to the Civil Court in this connection. Further, the case of the applicant before the revenue courts was that Girdhari had not been validly adopted as a son to Deda.