DEVKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 15/9/1999 passed by the Board of Revenue, Ajmer, whereby, the application filed by the petitioner under Section 221 of the Rajasthan Tenancy Act, 1955 ('the Act, 1955') aggrieved against the judgment and decree dated 27/9/1997 passed by the S.D.O., Anoopgarh has been rejected.

(2.) Respondent Dalip Singh filed a suit for division of holding under Section 53 of the Act against his father and brother qua the land situated at village Momewala, Tehsil Anoopgarh, which after colonization became part of Chak 5 MD. It was inter alia indicated that based on family settlement, which was registered on 25/5/1970, the petitioner got 60 Bigha 12 Biswa land and his brother received 50 Bigha of land, however, Dalip Singh, who received 10 Bigha land in excess did not retain excess land and both the brothers partitioned the land equally. It was indicated that the land continues to stand in the revenue record in the name of their father and, therefore, the suit was being filed.

(3.) A consent written statement was filed by both the defendants i.e. father and brother.