LAL DAS Vs. POKAR DAS

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is directed against the orders of the Board of Revenue for Rajasthan dated October 7, 1974 and September 30, 1977. Nobody has appeared on behalf of the non-petitioners. Hence we have heard the case ex-parte.

(2.) FROM the facts narrated in the writ petition, it appears that the petitioners filed a suit in the court of Sub-Divisional Officer, Pali, for division of agricultural land comprised of Khasra Nos. 1214, 1215, and 1217 situate in village Khairwa against the non-petitioners Nos. 1 to 5 alleging that non-petitioners Nos 1 to 4 were co-tenants in respect of the suit land. The learned Sub-Divisional Officer disallowed the prayer for partition on the ground that such division amongst the persons entitled there to would result in shares of less area than the minimum prescribed under section 53 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act) and, therefore, he directed sale of the same and distribution of the proceeds thereof amongst the co-sharers.

(3.) THERE will be no order as to costs. .