BUDH DAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal is directed against the judgment of the learned Single Judge dated 10.12. 1986, by which the petition file by respondent - Shyama, since deceased was allowed.

(2.) The facts leading to this appeal, as noticed briefly are that in the Jamabandi of the land records concerning village Harsolav, Tehsil Merta, name of one Govind Dan was recorded as khatadar from Samvat Year 2008 to 2027 i.e. to say from 1951 - 52 to 1970 - 71. On 17.8.1971, an application was made by respondents Shyama and Pusa alleging inter alia that the land comprising of Khsara Nos. 3146 to 3150, 3179 to 3781 and 3183 are cultivated by them since before Samwat Year 2012 i.e. before commencement of Rajasthan Tenancy Act, 1955 and they are the khatedars of the land in question, therefore, their names be entered as khatedars in place of Govind Dan, whose name has wrongly appeared as khatedar in the land records. The Tehsildar after obtaining the report from the Patwari, who in turn had examined Kalyan Singh and Privthi allegedly two of the lineal descendants of the deceased Govind Dan ordered the mutation to be made in favour of said Shyama and Pusa on 24.8.1971, which was confirmed on 7.9.1971.

(3.) In the first instance 22 persons alleging themselves to be representing different branches of the original holder Govind Dan in lineal dependency as head of their respective branches challenged the aforesaid orders in appeal before Sub - Divisional Magistrate. The said appeal was dismissed by the Sub - Divisional Magistrate by his order dated 8.9.1975 holding it to be barred by time.