GANGADHAR Vs. SARDARMAL

JUDGEMENT

(1.) THIS is a revision against the order of Settlement Officer Jaipur dated 17. 1. 1959.

(2.) WE have heard the learned counsel for the parties and examined the record as well. Briefly, the facts of the case are that the opposite party put an application on 5. 5. 1953 before the Settlement Officer, Jaipur that Khasra numbers 51, 52 and 107 were under their cultivatory possession and so parcha Settlement should be issued in their names as equal co-sharers. But from the office report it was found that these numbers had been already entered in the settlement record as Sawai-Chak and out of them number 52 was a Pacca well. The learned Assistant Settlement Officer went to the spot and having examined one of the opposite party, Sardar Mal, and three of his witnesses passed an order that as the land under dispute was being cultivated by the opposite party the same be struck off from Maqbuza Thikana and entered in his name. The witnesses deposed before him that the land had been brought under cultivation by the opposite patty that very year i. e. , when the statements were being recorded and it was Banjar before that. The crop sown was, also neither mentioned there nor brought on record by the Assistant Settlement Officer. An appeal was preferred against this order to the Settlement Officer Jaipur by the applicants alleging that the order passed by the learned Assistant Settlement Officer had been passed behind their back without informing them. But the same was rejected only with the observation that the applicants should proceed in a regular court and no correction could be made in the Settlement papers, the settlement work in the Tehsil having been finished long ago. It was also observed by the learned Settlement Officer that the applicants not being a party in the proceedings before the A. S. O. , appeal could not be preferred by them. It is against this order that this revision has been filed. The grounds urged by the learned counsel on behalf of the applicants are that the land was being used as 'charagah' and the Assistant Settlement Officer had without giving any notice to the villagers wrongly and illegally entered it in the name of the opposite party even though the the same was not in their possession at the time of the record operations.