KASTOORI Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the order dated 19-1-1996 passed by the Board of Revenue (for short, "the Board"), whereby the Board had partly allowed the appeal filed by the petitioners and had directed the trial Court to give its finding issue-wise, the petitioners have still approached this Court.

(2.) The brief facts of the case are that the husband of respondent No. 3, Rai Singh, who is also the father of respondent Nos. 4, 5, 6 and 7, filed a suit for ejectment against one Mr. Ogadi Lal, the husband of petitioner No. 1 and also against petitioner Nos. 2 and 3, Gordhan Lal and Chittarlal. The said suit was filed in the Court of Assistant Collector, Kota with the averments that the land in Khasra Nos. 172, 173, 549, 550 and 713 situated in village Bhanda Heda, Tehsil Digod, district Kota was owned by the plaintiff. Out of these lands, in Samvat year 2003, the plaintiff had mortgaged twenty-five bighas of land for. a consideration of Rs. 600/- in favour of father of petitioner No. 2 and father of Ogadi Lal namely Shri Shankar Lal. Again on Akshy Tritiya of Samvat Year 2011, more land was mortgaged with Gordhan Lal and Ogadi Lal. Even since then, they were in possession of the same. Similarly, on Akshy Tritiya of Samvat Year 2015 more land was mortgaged. Lastly, further land was mortgaged with Gordhan Lal and Ogadi Lal in. Samvat Year 2019, Since Ogadi Lal and Gordhan Lal were enjoying the usufruct of the land, therefore, the mortgage was automatically discharged. Hence, they no longer had the right to continue the possession of the land. Despite this fact, Gordhan Lal and Ogadi Lal have not handed over the possession of the land in dispute back to the plaintiff. Since they were trespassers of the land, they should be ejected. The plaintiff further pleaded that the land in Khasra Nos. 549 and 550 had been sold by Ogadi Lal and Gordhan Lal to one Mr. Chittarlal, petitioner No. 3, Therefore, petitioner No. 3 was also impleaded as party respondent in the suit.

(3.) The defendant Gordhan Lal and Ogadi Lal submitted a joint written statement, denying all the averments made in the plaint. They further claimed that they were in possession of the disputed land for last forty years. Therefore, they acquired the khatedari rights after coming into force the, Rajasthan Tenancy Act, 1955.