SITARAM Vs. BHONRILAL

JUDGEMENT

(1.) Inextricably interlinked are the questions of facts and law involved in the above-noted two writ applications, and therefore, the matters have been taken up for final adjudication at this stage, by this common order, consented by the counsel for the parties. For the sake of convenience factual matrix and pleading of the writ application of Sitaram and others has been referred to and take note of.

(2.) Aggrieved of the judgments and orders dated 8th June, 2016, 22nd July, 2015 and 6th March, 2013, so also 23rd April, 2012; the petitioners have instituted the present writ applications praying for the following relief(s):

(3.) Briefly, the essential skeletal material facts, which needs to be taken note of for appreciation of the controversy raised are: that Ghasi son of Deva, recorded Khatedar of 1/3 share of the subject land involved herein in Khasra No. 9, and 1/4 share of the land covered under Khasra No. 10, was succeeded after his death vide Mutation No. 4, sanctioned on 3rd January, 1994, in favour of deceased Mangi, daughter of Late Ghasi. Contesting respondent - Bhonri Lal instituted an appeal against the order dated 3rd January, 2019, made by the Tehsildar before the Additional Collector-II, Jaipur, successfully. The Additional Collector-II, Jaipur, while allowing the appeal vide its order dated 12th July, 1997, remanded the matter back to the Tehsildar for adjudication afresh taking into consideration the Will that was allegedly executed in favour of respondent - Bhonri Lal. The Tehsildar, upon hearing the learned counsel for the parties afresh and recording evidence adduced by the parties as well as on an inquiry into the matter as to the execution of the alleged Will in favour of respondent - Bhonri Lal; maintained Mutation No. 4 dated 3rd January, 1994; holding that Bhonri Lal failed to prove execution of the Will allegedly executed in his favour. Respondent - Bhonri Lal unsuccessfully instituted the appeal before the Additional Divisional Commissioner so also before the Board of Revenue for Rajasthan, Ajmer. However, later on, respondent - Bhonri Lal again instituted a suit before the Court of ACM-II, Jaipur, who in turn made a declaration and decree in favour of respondent - Bhonri Lal on 23rd April, 2012. The petitioners unsuccessfully instituted an appeal before the Revenue Appellate Authority, Jaipur, that was declined on 6th March, 2013, so also appeal and review application(s), dismissed by the Board of Revenue for Rajasthan, Ajmer, on 22nd July, 2015 and 8th June, 2016. This is how the instant writ applications have spiralled to this Court.