GULAB KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE on same set of facts similar relief has been sought, both the writ petitions have been heard together and are being decided by this common order.

(2.) THE matter appears to have a checkered history. A plot measuring 4833. 33 square yards was purchased by one Rai Bahadur Himmat Singh from the erstwhile State by registered sale deed executed on 4. 8. 1949. THE plot was identified as plot No. C-4a in Scheme E of Banipark, Jaipur. In the sale deed apart from the measurement of the plot, all the four sides had also clearly been mentioned. On the eastern side there existed plot No. C-6, on the western side plot No. C-2, a road on the northern side and plot No. D-241 on the southern side. THE above plot No. C-4a was later on sold by the said Rai Bahadur Himmat Singh to one Thakur Ummed Singh on 23. 5. 1950 by a registered sale deed. In the sale deed so executed in favour of Thakur Ummed Singh, the measurement and the identification of the plot were the same as mentioned in the original sale deed dated 4. 8. 1949. It has also come on record that the above plot had further been gifted by Thakur Ummed Singh to his daughter Smt. Gulab Kanwar, one of the petitioners, on 8. 1. 1959. THE gift deed was however executed on 29. 8. 1963. Smt. Gulab Kanwar, the petitioner, has alleged that there was a built area, a bungalow and some out houses and a compound wall in the plot which was gifted by her father. It was only in the year 1969 that the petitioner Smt. Gulab Kanwar, with a view to develop the plot, took up the work of clearing sand dunes and trees and, at that point of time, it was discovered that the plot, as mentioned in the deeds, as referred to above was more than 10,000 square yards instead of 4833. 33 square yards. THE petitioner Smt. Gulab Kanwar made an application before the then Urban Improvement Trust, Jaipur on 17. 12. 1969 for allotting her the excess land after receiving necessary Nazarana. Though, no final decision was taken on the application so filed by the petitioner Smt. Gulab Kanwar, however, the authorities demolished some part of the out- houses, cow sheds, garage and compound wall on the alleged excess land on eastern side of the plot C-4a. Since the land belonged to the State, the same was also put to auction as per notice published in the news paper on 28. 6. 1974.

(3.) MR. R. K. Goyal, learned counsel appearing for legal heirs of Smt. Gulab Kanwar, however, brought it to the notice of the court that ex parte decree granted by the trial court in favour of the society on 21. 8. 1988 is already under challenge by the legal heirs of the petitioner Smt. Gulab Kanwar before this Court challenging the legality and existence itself of alleged sale deed made on 25. 4. 1975 in favour of society.