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2016 Supreme(Raj) 1467

SANGEET LODHA
Pancha Ram son of Shri Dhuraram – Appellant
Versus
Board of Revenue for Rajasthan at Ajmer – Respondent


Advocates Appeared:
For the Petitioners: Mr. Vineet R. Dave
For the Respondents: Mr. O.P. Boob, Mr. Arvind Samdariya

A. Mutation Proceedings - Mutation proceedings are summary proceedings which are fiscal in nature and the same does not create or extinguish title nor it has presumptive value on title. [Para 9]

B. Sale Deed - Execution - No evidence was produced by defendants to prove that sale deed was executed by `G' in State of intoxication - Execution of sale deed, a registered document was proved by the plaintiffs by producing document writer and attesting witness evidence - Held, there is no reason to disbelieve execution of sale deed - Held, land having already been transferred by `G' in favour of plaintiffs by way of registered sale deed and having acquired khatedari rights over land in question, subsequent sale deed executed by `D' in favour of petitioners, does not create any right in their favour and plaintiff were not required to challenge thereof - Impugned judgment and decree does not suffer from any irregularity or jurisdictional error warranting interference - Petition dismissed. [Paras 8 to 12]

ORDER :

Sangeet Lodha, J.

This petition is directed against the judgment and decree dated 19.2.98 passed by the Board of Revenue, whereby an appeal preferred by the petitioners against the judg














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