2015 Supreme(Raj) 1372
ARUN BHANSALI
Modu Ram – Appellant
Versus
Board of Revenue – Respondent
For the Petitioner:G.R. Punia, Senior Advocate assisted by Rajesh Punia, Advocate.
For the Respondents:I.R. Choudhary, K.R. Choudhary and Vikas Bijarnia, Advocates.
JUDGMENT
1. - This writ petition is directed against the orders dated 6.6.2013 and 7.2.2014 passed by the SDO, Makrana, District Nagaur and the Board of Revenue ('Board') respectively, whereby the application filed by the petitioner under Order 7, Rule 11 CPC has been rejected by the SDO and the revision petition arising therefrom has also been rejected by the Board.
2. The respondents No.2 to 4 Kunni Devi, Anni Devi and Sugani Devi all daughters of Harkaran filed a suit for declaration, partition and permanent injunction before the SDO, Makrana against their brothers Modu Ram, Ramu Ram and Dharma Ram and transferee Hukma Ram besides State and Sub-Registrar with the averments that the agriculture land in dispute ad measuring 91 Bigha 16 Biswa was recorded in the name of their father Harkaran Ram and was their parental land; Harkaran Ram expired in Samwat 2029 intestate and in terms of Section 8 of the Hindu Succession Act, 1956 ('the Act'), the plaintiffs (daughters), sons and the widow are his successors, at the time of father's death, their mother was alive, however, she has also expired. It was alleged that the plaintiffs are illiterate women, defendant No.1 Modu Ram had mala fi
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