A widow is a person enumerated under Section 46 of the Rajasthan Tenancy Act, 1955, and therefore, proviso (1) to Section 19(b) of the Act bars the accrual of khatedari rights to a person who holds part of the land from a widow.

Govind Mathur, J.

To question legality and validity of the judgment dated October 19, 2005, passed by learned Single Bench in SB Civil Writ Petition No.3205/1992, this appeal is preferred. By the judgment impugned learned Single Bench dismissed the petition for writ preferred by the appellant questioning correctness of the judgment dated 1.5.1992 passed by the Board of Revenue Rajasthan, Ajmer.

2. In order to understand factual matrix of the case, it shall be appropriate to give pedigree table of the parties i.e. as under:-

XXXXXXXXXXXXXXXX

3. The disputed land i.e. 42.6 bighas was in khatedari of Smt. Raj Kaur widow of Gurmukh Singh. She executed a registered sale deed on 16.5.1958 in respect of 21.6 bighas of land in favour of Ram Singh and Hajoor Singh. Remaining 21 bighas of land remained under khatedari of Smt. Raj Kaur. After death of Smt. Raj Kaur on 5.8.1961, a suit was filed by Ram Singh and Hajoor Singh for ejectment of Garib Singh and Mal Singh by claiming rights on basis of the sale deed dated 16.5.1958. An other suit was also filed to claim half share of 21 bighas of land under khatedari of Smt. Raj Kaur. The suits were contested by Garib Singh and Gurdev Kaur with assertion that they were in cultivatory possession of the whole land from a substantial period of time and further that they acquired khatedari rights over the land in light of the Gurmukh Singh Surmukh Singh Mal Singh Widow Smt. Raj Kaur (Died on 5.8.1961) Ram Singh Hajoor Singh Kartar Singh Garib Singh Gurdev Kaur provisions of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955'). With regard to the rights claimed on basis of the registered sale deed, said to be executed by Smt. Raj Kaur on 16.5.1958, it was pleaded that the deed was executed by the plaintiffs without paying any consideration to Smt. Raj Kaur by exercising undue influence over her, hence that is of no consequence.

4. The trial court dismissed the suit for ejectment being barred by limitation. The suit for division of holding in respect of 21 bighas of land was decreed. The preliminary decree was passed on 20.9.1983 and final decree was passed on 19.12.1983.

5. Being aggrieved by the decision of the trial court Shri Garib Singh and Smt. Gurdev Kaur filed two appeals giving challenge to the preliminary decree dated 20.9.1983 and final decree dated 19.12.1983. Shri Ram Singh and Hajoor Singh also preferred an appeal against dismissal of their suit for ejectment. These appeals were simultaneously heard by Revenue Appellate Authority and the same came to be decided under the judgment and decree dated 21.5.1986. The Revenue Appellate Authority accepted the appeals filed by Garib Singh and Gurdev Kaur and dismissed the appeal preferred on behalf of Ram Singh and Hajoor Singh. Shri Ram Singh and Hajoor Singh questioned validity and legality of the judgment and decree dated 21.5.1986, passed by Revenue Appellate Authority by way of filing appeals before the Board of Revenue Rajasthan Ajmer as per provisions of Section 224 of the Act of 1955. The Board of Revenue by judgment dated 1.5.1992 accepted three appeals by reversing the judgment dated 21.5.1986, passed by Revenue Appellate Authority, Bikaner. The Board of Revenue restored the preliminary and final decrees and also decreed the suit for ejectment. It shall be appropriate to quote the findings arrived by the Board of Revenue which are as follows:-

"20. To sum up we are of the opinion that the suit for ejectment was actually under section 183 R.T. Act and was wrongly described as a suit under section 187 R.T. Act. For a suit under section 183 R.T. Act the period of limitation is 12 years. Under the facts and circumstances of the case the period of limitation did not start running from 1946 because at that time the possession of Garb Singh was admittedly permissive. The limitation started running in 1958 when the land was sold by Mst. Raj Kaur and Garib Singh filed a suit against her. The present suit for ejectm