LEELA DEVI Vs. BOARD OF REVENUE AJMER

JUDGEMENT

(1.) The present intra-court appeal is directed against the judgment and order dated 30.01.2018, passed by learned Single Judge, whereby the petitioners' writ petition under Article 227 of the Constitution of India has been dismissed.

(2.) The facts in nutshell are that Kajodi Mal (appellants' grand- father) filed a suit for partition in relation to agriculture land, which was lying in joint names of Kajodi Mal; Munni Lal; Pushkar Lal and Tejpal. It was alleged that Pushkar Lal and Tejpal had sold their 1/3rd share to the defendant No.2 - Shankar Lal.

(3.) The defendants filed a written statement and indicated that pursuant to a family settlement between the parties, the disputed land had been given to defendant No.1. It was asserted that since then the land in question has been in continuous possession of defendant No.1. The defendant further pointed out that Mohan Lal- brother of plaintiff and defendant No.1 had filed a suit against the plaintiff and defendant No.1, in which the factum of partition had been accepted by the plaintiff not only in the written statement, but also by way of filing a specific affidavit.