JAY LAL Vs. MISRI LAL

JUDGEMENT

(1.) THIS revision, which has been wrongly designated as an appeal, has beed filed against an appellate order of the Additional Commissioner, Jodhpur, dated 30. 4. 55 in a case relating to grant of Patta.

(2.) WE have heard the learned counsel appearing for the parties and have gone through the record as will. Put briefly the facts of the case are that the opposite party applied for grant of Patta of a strip of land 20. 12. 51 on the ground that then were in possession of the same and that is was their Pattashud land. On 15. 1. 52 the applicants filed at objection stating that the windows of their house overlooked the disputed land and on that ground the Patta should not be granted to the opposite party as it would lead to an interference with the enjoyment of their right of easement. The Patta Officer held an enquiry into the affair. Out of the four objectors two, namely Kania and Motia declared that they had not filed any objection and that the objection petition did not bear their signature. It was also found by the Patta Officer that the land in dispute was included in their Patta and Patta should be granted in favour of the opposite party. Before the Patta Committee the applicants took up entirely new attitude and objected to the grant of the Patta exclusively in favour of the opposite party on the ground that the original Patta contained the names of the ancestors of the opposite party jointly with ancestors of the objectors as will. This contention was accepted by the Patta Committee and the Patta was directed to be amended accordingly. The opposite party went up in appeal before the Additional Commissioner who accepted the same and granted a Patta exclusively in favour of the opposite party. Hence this revision by the objectors.