NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is preferred against the concurrent finding given by the Assistant Collector, Revenue Appellate Authority and Board of Revenue vide judgments dated 9.12.1970, 21.7.1972 and 28.5.1986 respectively.

(2.) Here in this writ petition the main challenge of the petitioners is that the question of adoption can only be decided by the civil Court and thus the Revenue Court has seriously erred to adjudicate such dispute while deciding the suit for partition under Sections 53 and 188 of the Rajasthan Tenancy Act.

(3.) Brief facts of the case are that Ram Chandra and Gopi filed a suit for partition and permanent injunction on 18.3.1958 before the Assistant Collector, Jaipur. The land in question being ancestral property of Shri Lachchu and Seva having half portion of each and there is no dispute in respect of half share of Lachu and his descendants. Laxman, Ramu and Sunda are co sharer and they admit the claim of plaintiffs Ram Chandra and Gopi.