DHANNA LAL Vs. STATE OF RAJ & ORS

JUDGEMENT

(1.) By way of this appeal, the original petitioner has challenged the judgment and order of the learned Single Judge whereby the learned Single Judge has not exercised his powers under Article 226 and 227 of the Constitution of India and confirmed the order of the Board which has reversed the order of the Revenue Appellate Authority, Kota and restored back the order of the SDO, Digodh Distt. Kota.

(2.) The facts of the case are that the original petitioner Dhanna Lal (since deceased) was survived by three sons Tikam, Kanhaiya Lal and Laxminarain and as per oral partition, land measuring 17 bigha and 8 biswa falling in Khasra No. 448 came to Tikam and 24 bigha and 6 biswa of land falling in Khasra No. 618 fell to the share of Kanhaiya Lal and Laxminarain. To support his contention, reliance has been placed on sale-deed (Annex.2). The sale deed was executed by Tikam, Kanhaiya Lal and legal heirs of Laxminarain in favour of one Ram Kalyan. The sale deed is qua 24 bigha 6 biswa of land falling in Khasra No.618. In the sale deed, a recital has been made that Khasra No. 448 from 14 bigha and 8 biswa of land is in possession of Tikam and he is continuing to be in possession of the same as cultivator in Khatedari.

(3.) The learned Single Judge has after considering the evidence on reocrd and the order of the Board of Revenue, observed as under:-