RAM GOPAL Vs. RAMNATHI BAI

JUDGEMENT

(1.) THE case of the petitioners is that in village Sinota, Tehsil Pipalda, District Kota, one Shri Chhittar Lal s/o Bhura Lal Gujar was the Muafidar of 190 bighas 19 biswas of land comprising Khasra Nos. 211, 298 and 328. A certified copy of the Jamabandi for the Samvat Year 2011 to 2014 has been annexed and marked as Annexure -1, According to the petitioners their father Jagannath s/o Sarwan was cultivating 43 bighas 6 biswas of land comprised in Khasra No. 328 as a sub -tenant since Samvat 2009 -2010. At the time of the coming into force of the Rajasthan Tenancy Act, 1955 (here in after referred to as 'the 1955 Act)' on October 15, 1955, the petitioner father Shri Jagannath was entered as Zaili (Sub -tenant in the annual registers and as such he acquired khatedari rights under section 19(1)(a) of the Act.

(2.) IT has been further alleged that Muafi lands of Shri Chhittar Lal were resumed under provisions of the Rajasthan Land Reforms and Resumption Jagirs Act, 1952 with effect from July 1, 1958 and the right, title and interest of Chhitar Lal and every other person claiming through him in his Muafi lands stood resumed to the Government free from all encumbrances.

(3.) THE respondents aggrieved against the order of the Tehsildar Pipalda dated June 24, 1983 filed a revision in the Board of Revenue for Rajasthan, Ajmer. The Board vide its order dated May 13, 1977, (Annexure 3) set aside the order of Tehsildar dated June 16, 1969 and also cancelled the mutation carried out as a result of that order. The Board of Revenue held that there was no provision of law under which the Tehsildar could act. In the opinion of the Board of Revenue there seemed to be a dispute between the Jagirdar and cultivator and since the original cultivator and the Jagirdar had died if anyone wished to establish his title a revenue suit had to be filed. The petitioners aggrieved against the judgment of the Board of Revenue (Annexure 3) have filed the present writ petition.