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2005 Supreme(Raj) 295

PRAKASH TATIA
Abdul Karim – Appellant
Versus
Jaitun – Respondent


Advocates Appeared:
Mr. G.M. Khan, for the Petitioner.
Mr. A.K. Rajvanshy, for Private Respondents.
Mr. Shyam Ladrecha, Addl. G.A., for the Respondent State.

Judgment

Prakash Tatia, J.- Heard learned Counsel for the parties.

2. Brief facts of the case are the property in dispute, an agriculture land, was said to be belonging to one Ibrahim. After the death of Ibrahim by mutation No. 1477 dated 25.08.1976, the name of Irbahims brother Abdul Karim was entered. Ibrahims wife Mst. Jaitun preferred an appeal to challenge the above mutation before the Court of S.D.O., Gangapur which was dismissed. Aggrieved by order of dismissal, second appeal was preferred before the Additional Divisional Commissioner, Ajmer who vide order dated 20.03.1991 partly accepted the appeal and set aside the order passed by S.D.O., Gangapur and Gram Panchayat and directed the Tehsildar, Gangapur to enter mutation in the name of the respondent therein to the tune of half share.

3. Against this order dated 20.03.1991, the appellant preferred revision before the Board of Revenue which was decided on 15.06.1995 and the order of Additional Divisional Commissioner for entering mutation in favour of the respondent to the tune of half share was set aside and the remand order was maintained. The Tehsildar, after making necessary enquiry, passed an order on 19.02.1996 and all












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