LADULAL S/O LATE SHRI BARJU, AGE 58 YEARS Vs. BHERU S/O SHRI GORU DHAKAR, R/O BISANIYA, TEHSIL KOTADI, DISTRICT BHILWARA

JUDGEMENT

(1.) This petition is directed against judgment dated 10.5.16 of the Board of Revenue Rajasthan, Ajmer, whereby the second appeal preferred by the petitioners against the judgment and decree dated 3.9.08 passed by the Revenue Appellate Authority (RAA), Bhilwara, stands dismissed.

(2.) The relevant facts are that the first respondent preferred a suit for declaration of khatedari rights and permanent injunction under Sec. 88, 89, 92A and 188 of Rajasthan Tenancy Act, 1955 in the court of Sub Divisional Officer, Jahajpur, against the petitioners in respect of land 18 measuring bighas 13 biswas comprising Arazi No.2125, 2127/2, 2138, 2139, 2142, 2143, 2144 situated in village Bisania, Tehsil Kotari, District Bhilwara, which was entered in the revenue record in the name of the petitioner no.1 and the respondent and the land measuring 15 bighas 19 biswas comprising Arazi No.137, 138, 139, 140, 141, 142 situated in village Kesarpura, Patwar Halka Dhanwara, Tehsil Kotari, District Bhilwara, which was entered in the revenue record in the name of the petitioners and the respondent.

(3.) Precisely, the case of the respondent was that the land in question before the settlement was entered in the revenue record as Khatedari land of his father Goru, who expired during the settlement operation. At the time of death of his father, the respondent was minor and taking advantage of the situation in collusion with the revenue authorities, the father of the petitioners herein got entered one half share in the disputed land in his name in the revenue record. The respondent claimed that he is in cultivatory possession of the entire land.