AMB SINGH Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8.1.86 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner -appellants and maintained the order passed by the Board of Revenue.

(2.) APPELLANTS Amb Singh and Jai Singh Sons of Shri Moti Singh, were recorded as co -tenants in the Jamabandi of Sarnvat Years 2001 to 2005 with respect to 466 Bighas 11 Biswas of land situated in village Sikwasra tehsil Bhinmal district Jalore. This land they inherited from their father. By way of partition dated 21.1.68 recorded in the Bahi maintained by them, 261 Bighas (equivalent to 40.95 standard acres) of the land came to the share of Jai Singh while 205 Bighas 11 Biswas of the land came to the share of Amb Singh. This partition was got registered in the office of the Sub -Registrar on 28.5.70. In pursuance to this partition, mutation was, also, sanctioned on 21.8.71 and necessary entries were made in the revenue records.

(3.) BOTH the appellants preferred appeals before the Revenue Appellate Authority, Jodhpur. The Revenue Appellate Authority, by its judgment dated 20.10.75 recognised the partition dated 21.1.68 and allowed the appeal filed by appellant Jai Singh in whole while the appeal filed by appellant Amb Singh was partly allowed and the Revenue Appellate Authority held that Amb Singh was having only 23 Bighas one Biswa of surplus land which is to be resumed.