LAWS(RAJ)-1955-1-29

KRISHNA KUMAR Vs. KANHAIYALAL

Decided On January 24, 1955
KRISHNA KUMAR Appellant
V/S
KANHAIYALAL Respondents

JUDGEMENT

(1.) REVISION Nos. 129 and 185 of 1954 District Jaipur arise out of a case commenced upon the application of Kanhaiyalal and Bala Sahai for allotment of the land in dispute under the Jaipur State Revenue Standing Order No. 7 and will be disposed of by this judgment.

(2.) PUT briefly the facts of the case are that Bala Sahai and Kanhaiyalal applied for allotment of the land in question before the tehsildar Jamwa Ramgarh on 8. 6. 1951. For the sake of convenience this land may be divided in three pieces, one lying to the north, the other lying to the south and third in between these pieces, will be referred to in this order as the northern, southern and the middle plot. In the northern plot Durga Prasad preferred an objection that it belonged to him. He produced a certified copy of a sale been of this plot executed in his favour by Phool Chand, deceased, whose son Ram Gopal was examined to testify to the signatures of the deceased executant. In this sale deed middle plot, which is situated to the south of this plot, was described as belong to Ram Pratap S/o Badri Narain who had preferred an objection about it. Krishna Kumar raised an objection about the southern plot. The Tehsildar accepted Durga Prasad's objection on the basis of the sale deed and that of Ram Pratap S/o Badri Narain on the ground of a recital in the sale deed mentioned above that the plot covered by a dilapidated shop belonged to the objectors. Thus these two objections were allowed while that of Krishna Kumar in respect of the southern plot was rejected. He went up in appeal before the Additional Collector, Jaipur, and so did Kanhaiya Lal and Bala Sahai Both these appeals were rejected by the Additional Collector Hence these two revisions.