BALRAJ SINGH Vs. HOSIYAR SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrieved against the order dated 19/4/2017 passed by the Board of Revenue, whereby, the revision petition filed by the respondent Hosiyar Singh has been accepted and the order dated 21/8/2007 passed by the Divisional Commissioner, Bikaner has been set aside.

(2.) The land in question was recorded in the name of Jagar Singh. After the death of Jagar Singh, based on a Will dated 5/2/1994 executed by Jagar Singh in favour of petitioners, the land was mutated in the name of the petitioners. On the said mutation entry being challenged, by mutation no. 59 dated 21/3/2005 the same was mutated in favour of respondents Hosiyar Singh, Pragash Singh and Smt. Gurnam Kaur - legal representatives of Jagar Singh.

(3.) Feeling aggrieved, the petitioners filed appeal before the Addl. Collector, Suratgarh District Sriganganagar. The Addl. Collector by his judgment dated 5/5/2006 came to the conclusion that the Will was not registered and was only notarized and was challenged and, therefore, the propounders of the Will were required to file proceedings under Section 88 of the Rajasthan Tenancy Act, 1955 ('the Act, 1955') before the competent court and seek a declaration and based on the said observations rejected the appeal.