HEERA Vs. ISHA

JUDGEMENT

(1.) . This is a second appeal filed under Section 224 of the Rajasthan Tenancy Act 1955 (hereinafter in short to referred as the Act) against the judgment & decree of the Settlement Officer-cum-Revenue Appellate Authority. Sirohi-Camp Jalore dated 4.1.96 passed in appeal No. 18/95 whereby the judgment & decree awarded by the learned trial court in revenue suit No. 9/86 'Heera vs. Aidan dated 29.7.1995 has been set aside.

(2.) . Briefly stated, the facts giving rise to the present case are that the plaintiff-appellants filed a revenue suit before the trial Court for declaration against S/Shri Aidan and Isha who are respondents before this Court. It was inter-alia stated in the suit that the suit land was the ancestral land and they were in possession of the suit land since long. Smt. Kesri widow of Deva had no right whatsoever in the suit land and the defendant- respondents are wrongly claiming the suit land and interfering the possession of the plaintiff-appellants on the basis of some sale deed which is said to have been executed by Mst. Kesri Wd./o Deva. In the suit, it was also stated that the registered sale deed dated 13.5.75 and 14.8.80 be cancelled. It was also stated in the suit that in fact the suit land was not sold by Kesri to Aidan, therefore, the defendant-respondents be restrained from interfering in the peaceful possession of the plaintiff- appellants and a declaration be made in favour of the plaintiff with regard to the suit land. The defendant Aidan filed a written statement wherein he admitted the contents of the plaint whereas the defendant Isha denied the averments made in the plaint and it was staled that the suit land was purchased by him from Shri Aidan under a registered sale deed dated 14.8.80. It was also stated that as long as the sale deed in not cancelled by a competent court of jurisdiction, plaintiffs are not competent to file a suit against him. The trial Court on basis of pleadings of the parties, framed four issues including relief. Issue No.1 was with regard to the land in dispute which is situated in village Keriya bearing khasra No. 3047 measuring 26 bighas & 11 biswas in the possession and khatedari of the plaintiff-appellants. The trial Court, on the basis of evidence and documents and particularly in view of a judgment given by the Asstt. Collector, Bhinrnal dated 28.4.81 wherein only Kesri Wd./o Deva was parly, found that in respect of the suit land the matters were previously adjudicated upon, as such, issue No.l was decided in favour of the plaintiffs. Issue No. 2 was with regard to the sale deed executed in favour of the defendant and was with regard to the jurisdiction to cancel the sale deed. The learned trial court in a cursory way, without discussing the merits of the judgment dated 28.4.81, came to the conclusion, that in view of the judgment dated 28.4.81 and since the possession of the plaintiffs over the disputed land was from Svt. 2012, as such, the sale deed executed in favour of the defendant was void and was having no effect. It has further been found regarding this issue that the mutation attested in pursuance of the sale deed is also ab-initio-void. The other issues before the trial Court were not relevant and the trial court on the basis of findings recorded on issue No.1 & 2, decreed the suit vide its judgment & decree dated 29.7.95. The defendant-respondent Isha having felt aggrieved preferred an appeal No. 18/95 before the Settlement Officer-cum- Revenue Appellate Authority, Sirohi Camp : Jalore who vide his judgment & decree dated 4.1.96 set aside the judgment & decree awarded by the learned trial Court and dismissed the suit; hence the present second appeal has been filed by the plaintiff- appellants which has been listed before this Court for final disposal today.

(3.) . We have heard learned counsel for the parties and perused the material available on record.