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1995 Supreme(Raj) 959

B.R.ARORA, D.C.DALELA
Rama – Appellant
Versus
The Board of Revenue – Respondent


JUDGMENT

1. - Onkar and Hira - the two brothers - were the Khatedars of 36 Bighas 14 Biswas of land situated in village Uthel Tehsil Badi Sadri district Chittorgarh. After their death, petitioner Rama - the sole survival of Onkar - became the Khatedar of 18 Bighas 7 Biswas of land while Mst. Rami Widow of 1-lira became the Khatedar of 18 Bighas 7 Biswas of the land which was in the Khatedari of her deceased husband I lira. Mst. Rami, by an unregistered sale-deed dated 24.2.64, sold this 18 Bighas 7 Bishas of land to petitioner Rama for a consideration of Rs. 1000/- and as per the case of the petitioner, the possession was handed over to him. The petitioner applied for mutation to be made in his name with respect to this land which he purchased from Mst. Rami and the Gram Panchayat, vide its order dated 13.7.76, ordered for mutation of the land in favour of the petitioner. Hem Raj, Mst. Lachhi, Mst. Rami and Mst. Deu preferred an appeal before the Sub-Divisional Officer, Nimbaheda, challenging the order dated 13.7.76, passed by the Gram Panchayat, ordering for the entry of the mutation made in the name of the petitioner. The appeal, filed by Hem Raj and others, was dismissed by the








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