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1987 Supreme(Raj) 379

A.K.MATHUR
Karni Singh – Appellant
Versus
Board of Revenue – Respondent


JUDGMENT

1. - This writ petition is directed against the order of the Board of Revenue (Annx. 4) dated 27-6-1978.

2. Briefly stated the facts are that Khivsingh was the father of petitioners No. 1, 2, 4, 5 and 6 and husband of petitioner No. 3. He was holding the land, which was ancestral as he bad inherited the same from his forefathers. The petitioners and late Shri Khivsingh were members of the Joint Hindu Family. Proceedings under Chapter III-B of the Rajasthan Tenancy Act, 1955 (here in after referred to as 'the old ceiling law') were initiated against Shri Khivsingh. The Sub Divisional Officer by his order dated 5-11-1973 held that only petitioners No. 1 and 2 who were sons of Khivsingh were entitled to hold 69 bighas of land and he declared 382 bighas, 13 biswas of land as surplus. Against the aforesaid judgment of the learned Sub-Divisional Officer, the petitioners preferred an appeal before the Revenue Appellate Authority. The Revenue Appellate Authority accepted the appeal filed by the petitioners and by its order dated 30-8-1974 held that the heirs of deceased Khivsingh namely petitioners No. 1 to 6 were each entitled to hold 69 bighas of land i.e. petitioners No. 1 to 6





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