BHERUN LAL Vs. NARBADA

JUDGEMENT

(1.) THIS second appeal under Sec. 224 (2) of the Rajasthan Tenancy Act. 1955. , against the decree and judgment of the Revenue Appellate Authority, Kota, dated 4. 12. 1963, has arisen under the following circumstances.

(2.) THE respondent-plaintiff Mst. Narbada brought a suit for division of holdings under Sec. 53 of the Rajasthan Tenancy Act, 1955, alleging that the land in dispute consisting of 13 fields and measuring 226 bighas, 5 biswas was in the joint khata of the appellant-defendant Bherun Lal and herself. She was the step-mother of the appellant-defendant and had been living with him since the death of her husband. THE appellant was however cultivating the entire land. About four years ago the plaintiff-respondent had been turned out and the appellant was not giving her any share. For these reasons, she wanted the division of the holding in question. THE suit was resisted by the appellant on the ground that his father was legally married to his mother Mst. Bhori, but after her death the respondent-plaian-