S.B. Civil Writ Petition No. 1509/2007. Case: Chothu and Ors. Vs The Board of Revenue, Rajasthan Ajmer and Ors.. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 1509/2007 |
| Counsel | For Appellant: Mr. D.K. Bhardwaj, Adv. and For Respondents: Mr. R.D. Sharma and Mr. V.K. Sharma, Advs. |
| Judges | Mr. Alok Sharma, J. |
| Issue | Civil Procedure Code |
| Judgement Date | July 17, 2012 |
| Court | Rajasthan High Court |
Judgment:
Alok Sharma, J., (Jaipur Bench)
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This petition has been filed challenging the order dt. 07.02.2007 passed by the Board of Revenue Rajasthan Ajmer (herein after 'the Board') upholding the judgment and decree dt. 31.12.2004 passed by the Revenue Appellate Authority Jaipur and the judgment and decree dt. 17.04.2004 passed by the Sub Divisional Officer Chomu decreeing the suit laid by Gopal for declaration and permanent injunction. Heard Learned Counsel for the parties and perused the material available on record of the writ petition.
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The three Courts below have concurrently held that a registered gift deed dt. 23.01.1978 was executed by Mangu in favour of Gopal. It has been found by the Courts below that in respect of the said registered gift-deed dt. 23.01.1978, in a proceeding on an interim application taken in an earlier suit before the SDO Amer by Mangu's daughter Smt. Sedi on 11.04.1978 for cancellation of the registered gift-deed, Mangu had filed an affidavit before the Court admitting to the execution of the gift-deed dt. 23.01.1978 in favour of Gopal. Further Smt. Rudi had also admitted to the said gift-deed in favour of Gopal by way of filing an affidavit before the Court. It was recorded by the Courts on admission of Mangu & Smt. Rudi that following the gift-deed Gopal was in possession of the property. The application for temporary injunction (46/1978) filed by Smt. Sedi against Gopal was dismissed by the SDO Ajmer on 30.10.1979. Even though the suit earlier laid by Smt. Sedi was subsequently dismissed in default, yet the factum and consequence of admission by Mangu and Smt. Rudi in judicial proceedings was inexorable. The Court below have held that there was thus no dispute with regard to Mangu being khatedar of land in issue, which was gifted to Gopal by way of registered gift-deed dt. 23.01.1978. The gift was legal and valid and owing to the gift-deed in favour of Gopal, Mangu's daughters Smt. Sedi and Smt. Rudi had no right of ownership in any part of the property of Mangu gifted by him to Gopal...
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