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1988 Supreme(Raj) 647

J.S.VERMA, FAROOQ HASAN
Jugal Kishore – Appellant
Versus
S. D. O. , Baran – Respondent


JUDGMENT

1. - On a declaration filed by Radha Vallabh, ceiling proceedings were initiated under Chapter 111-B of the Rajasthan Tenancy Act, 1955, (for brevity, 'the Act'). In that declaration, Radha Vallabh who died during the pendency of this petition, averred that after the death of his father Shri Balabux in Samvat year 1993, i.e. 40 years back, 315 bighas of land in the khatedari of his father situated in villages Nalka and Talawara, Tehsil Baran, District Kota, devolved upon him as a sole heir of Balabux; that, he was married and has three sons, namely, Jugal Kishore, Nand Kishore and Dhanraj that, 35 standard acres, of land was given to Jugal Kishore by way of family arrangement in the year 1956 and that, Nand Kishore and Dhanraj filed a suit for partition of the ancestral property against Radha Vallabh that suit was decreed on 29. The Authorised Officer (SDO Baran) by his order dated 27.2.1976 decided the ceiling case holding that Nand Kishore and Dhanraj were minors as such they were not entitled to any separate shares in the land in question. The Authorised Officer further held that 53.44 standard acres of land is surplus in occupation of the petitioner, Radha Vallabh, and











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