PURSHOTTAM Vs. NARAIN

JUDGEMENT

(1.) BY this appeal the appellant seeks to challenge order of the learned single Judge Dt. 5-1-2006, whereby the learned single Judge allowed the writ petition of the present private respondents no. 1 to 5, and thereby set aside the judgment of the learned Board of Revenue dated 6-1-1990.

(2.) THE brief facts of the case are, that the appellants filed a suit in the Court of s. D. M. Vallabh Nagar for declaration of khatedari rights, alleging inter alia, that the land in question belonged to the deceased kana, being the father of the defendants no. 2 to 6, and husband of defendant No. 1, which was sold by him to the plaintiff on jeth Sudi 13, Samvat 2009, and by executing the sale deed the possession was delivered. Then, Lalu and Manga also sold their share to the plaintiffs' father on Phagan sud 7, Samvat 2009, by executing sale deed, and delivered possession. Then, the fourth brother also sold land to the plaintiffs some 4-5 years before commencement of the Tenancy Act, and thus the land is in Khatedari, and use and occupation of the plaintiffs. However, since the land is not recorded in their name, they want a declaration of the khatedari rights. The plea of adverse possession was also taken. Then, it was pleaded that the defendant No. 2 is trying to take proceedings for their dispossession, alleging them to be mortgagees. Thus, the suit was filed.

(3.) THIS suit was contested, inter alia contending, that the alleged sale deed is unregistered and unstamped, and denying the theory of sale as had the sale been effected, mutation would have been effected, apart from the fact, that such transaction is barred by the provisions of the Rajasthan Tenancy Act.