MANGYA Vs. SHEO PRASAD

JUDGEMENT

(1.) REVISIONS No. 191 and 216 involve common questions of law and facts and hence will be disposed of by this judgment.

(2.) PUT briefly the facts of the case are that khasra Nos. 2 to 96, 10/9, 12/103, and 6/106, total 97 khasra numbers measuring 507 bighas 4 biswas assessed Rs. 215/- of village Deeppura Ghati were recorded in the Khatedari of Jeewan Ram, Sukha, Her Narain, Deepa, Asa, Kana s/o Bhawana, Kana s/o Lachman, Onkar, Cheema, Pancha and Bhuirya, Minas, of Jaisinghpura in the settlement Record of Rights of Svt. 1992 to Svt. 2000. This entry continued till the revision of the settlement which was undertaken in Svt. 2003. In the revised Chakbandi operations as well the Khatedari rights in the land in dispute were renewed in the name of these persons and a Parcha Chakbandi has been issued by the Settlement Department in their favour which is to remain effective and operative from Svt. 2003 to Svt. 2023. It appears that during the revision of settlement a number of persons other than the recorded Khatedar applied for the entry of their names in respect of the land in dispute obviously with the consent of the recorded Khatedar. In other words a division of this Khata was sought by a number of Minas of village Jaisinghpura. But his case was not prosecuted properly and the application was rejected. We have not been able to lay our hands upon this decision of the Assistant Record Officer which is said to have been passed on 4.3.1949 for the file containing the same could not be had inspite of numberous demands. It appears however that the persons who sought partition of the Khata failed to produce fard intkhab regarding their possession and hence the case was rejected, and strangely enough without any rhyme or reason the Assistant Record Officer ordered the land to be entered as Sawai Chak. An appeal was filed against this decision before the Additional Collector which was also dismissed in default on 23.3.54. Thereof Sheo Prasad Malla Ram and others applied on 17.11.54 before the Tehsildar Baswa for allotment out of the land in dispute on the ground that it had been entered as Sawai Chak The Tehsildar issued a, notice inviting objections and on 20.12.54 the Meenas appeared before the Tehsildar and objected to the proposed allotment on the ground that the land in dispute was in their Khatedari and continuous possession since long, that they were regularly paying rents therefore, that Parcha Chakbandis had been issued in their favour and hence the land should not be allotted to anybody else. Sheo Prasad put up a counter application denying the facts set up by the Meenas on the basis that when the land had been entered as Sawai Chak no rights could be deemed to be subsisting in their favour in it. The Tehsildar reject d these objections on 25.7.55. The Meenas went up in appeal before the Collector, Jaipur who rejected the same on 28.2.6 holding that as the land bad been entered as Sawai Chak, Meenas had forfeited all their rights in the land. A second appeal was preferred before the Addl. Commissioner, Jaipur which was rejected on 9-7 56. The learned Addl. Commissioner appears to have allowed himself to be influenced by the fact that the Meenas were seeking allotment of the land in dispute and they should have therefore followed the procedure prescribed in the notification referred to by the Additional Commissioner. Revision No. 191 has been filed by the Meenas against this decision.