JAGDISH AND ORS. Vs. RADHA DEVI AND ORS.

JUDGEMENT

(1.) Since these two petitions arise between the same parties and involve common facts and law, they are being decided by a common order.

(2.) The petitioners -defendant No. 2, 3, 5 and 6 (hereinafter 'the defendants') have impugned the judgment dated 6 -5 -2015 passed by the Board of Revenue Ajmer (hereinafter 'the Board') dismissing their two appeals (506/2011 and 508/2011) and affirming the judgment and decree dated 10 -1 -2011 passed by the Revenue Appellate Authority Jaipur (in Appeals No. 95/2010 and 96/2010) which in turn had upheld the judgment and decree dated 15 -2 -2010 and 4 -9 -2008 passed by the Assistant Collector Bassi.

(3.) The facts of the case are that the respondent -plaintiff Radha Devi (hereinafter 'the plaintiff') filed a revenue suit before the Assistant Collector Bassi for partition of agricultural land to the extent of her share of 40/1249 in khasra No. 3 admeasuring 62 bigha 9 biswas village hardhyanpura, Ramratanpura Tehsil Bassi and to an extent of 1/6 with the defendant No. 1 in Khasra No. 2 in the same village admeasuring 12 biswa. It was stated that out of the land of khasra No. 3 measuring 62 bigha 9 biswa, 80/1249 share was sold by the petitioners -defendants, the erstwhile khatedars Jagdish, Brajmohan, Sitaram, Rameshwar and Radheshyam (the defendants No. 2 to 6) to the plaintiff Radha Devi and the defendant No. 1 Manfooli, through a registered sale deed dated 19 -10 -2005. It was stated that under the said registered sale -deed the plaintiff and defendant No. 1, were put in exclusive possession of the land purchased by each of the two, to an extent of 40/1249 share in khasra No. 3 (total 80/1249). The other defendants 8&9 continued to remain in the khatedari and possession of 1/3rd share in khasra No. 3. The defendants No. 2 to 6 similarly remained in exclusive possession of their respective shares. Hence the agricultural lands in khasra No. 3 were effectually orally partitioned on basis of exclusive possession agreed upon. The holdings were accordingly reflected in the revenue record albeit jointly. It was further stated that in respect of khasra No. 2 admeasuring 12 biswa (chahi) (well) the plaintiff and the defendant No. 1 Manfooli had 1/6th share and remaining share belonged to other defendants No. 2 to 9.