D.B. Civil Special Appeal (Writ) No. 244/2003. Case: Khinya Ram Vs Uma Ram and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal (Writ) No. 244/2003 |
| Judges | A.M. Sapre and Dinesh Maheshwari, JJ. |
| Issue | Hindu Succession Act, 1956 - Sections 8, 11, 12, 13; Rajasthan Tenancy (Board of Revenue) Rules, 1955 - Rules 18, 19, 20, 21 |
| Citation | 2012 (1) WLN 518 |
| Judgement Date | January 13, 2012 |
| Court | Rajasthan High Court |
Judgment:
Dinesh Maheshwari, J.
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This intra-Court appeal by the defendant in a revenue suit for division of holdings is directed against the order dt. 14.11.2002 as passed by the learned Single Judge of this Court in CWP No.5695/1994.
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By the impugned order, the learned Single Judge allowed the writ petition and in consequence, while setting aside the order passed by the Board of Revenue for Rajasthan, Ajmer ('the Board'/'the Board of Revenue') as second appellate Court, decreed the suit filed by the plaintiff respondent No.1 and passed the preliminary decree for partition in his favour alongwith the respondent No.5 Girdhari to the extent of 1/3rd share in the suit property. The concluding paragraph of impugned order reads as under:-
Consequently, there is merit in this petition. The same stands accepted. The judgments of the appellate Court as also of the Board of Revenue to the extent that the title on the basis of adverse possession has accrued in land of khasra No.66 stands quashed. Plaintiff Umaram alongwith Girdhari defendant No.4 has 1/3rd share in the land of khasra No.66 as also khasra No. 106. A preliminary decree to the above effect shall be passed by the trial Court and thereafter steps be taken for getting the land partitioned by metes and bounds according to Rules 18 to 21 of the Rajasthan Tenancy (Board of Revenue) Rules, 1955.
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The basic facts and relevant background aspects of the matter are that the contesting parties are referable to a common ancestor Shri Natha. For comprehension of the standing of the parties in the family, the pedigree could be noticed as under:-
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The plaintiff-respondent No.1 Uma Ram i.e., son of Dursa Ram and grandson of Jeewan, filed a suit, out of which this intra-Court appeal arises, before the Revenue Court (SDO, North Bikaner) being Revenue suit No.84/78 against his brother Girdhari and against Moda Ram (since dead) s/o Ram Chandra, Khinya Ram and Hema Ram (since dead) Ss/o Khuma Ram claiming right, title and interest in the land bearing khasra No.66 and khasra No.106 at village Bachhasar, Tehsil Bikaner. So far the present matter is concerned, it now remains confined only with the land bearing khasra No.66 inasmuch as the learned counsel for the parties submit ad idem that the dispute regarding the land bearing khasra No.106 has already been settled.
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The plaintiff Uma Ram had claimed the right in the suit land while alleging the same to be the ancestral property. So far the land in question bearing khasra No.66 is concerned, the contesting defendants pleaded that it were not an ancestral property. It was submitted that the same had been taken by Khairaj and Magha Ram (Ss/o Toda Ram) from the Jagirdars and they acquired khatedari rights over the same. The contesting defendants further pleaded that Magha Ram died in Svt. Year 2007 and was survived by Khairaj who took a loan of Rs. 500/- from the defendant...
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