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1981 Supreme(Raj) 5

KANTA BHATNAGAR, S.K.M.LODHA
Gurucharansingh – Appellant
Versus
Gurdayal Kaur – Respondent


Advocates:
H.M. Parekh, for Petitioners; R.N. Bishnoi (for Nos.1 to 6) and H.N. Calla, Addl. Govt. Advocate, for Respondents.

Judgement

S. K. MAL LODHA, J. :- By this petition under Art.226 of the Constitution of India, petitioners Gurucharan Singh and 6 others seek to quash the order (Ex.4) dated Nov. 9, 1978 of the Board of Revenue for Rajasthan, Ajmer (for short 'the Board' hereinafter), by which, it held that a revenue court has jurisdiction to try the suit filed by Smt. Shyam Kaur deceased, Smt. Gurdayal Kaur (respondent No.1) and Smt. Jaswant Kaur (respondent No.2) for declaration and pos-session, which was instituted against Gurucharan Singh and 10 others in the Court of Assistant Collector, Hanumangarh on Nov. 3, 1966.

2. A few facts leading to this petition may be noticed:

Smt. Shyam Kaur widow of Hazur Singh (deceased), Smt. Gurdayal Kaur (plaintiff-respondent No.1) and Smt. Jaswant Kaur (plaintiff-respondent No.2) instituted a suit for cancellation of the decree dated March 7, 1963 passed in suit No.7 of 1961 (Gurucharan Singh v. Hazur Singh) by the Assistant Collector, Hanumangarh on the ground that it was collusive and fraudulent and that Smt Shyam Kaur (deceased) not being a party to Suit No.7 of 1961 was not bound by that decree. It was also prayed in the plaint (Ex.1) that a declaration may a














































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