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2018 Supreme(Raj) 1112

PRADEEP NANDRAJOG, DINESH MEHTA
Banney Singh – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
Sudhir Sharma, Adv., Sanjay Nahar, Adv., A.K. Acharya, Adv.

JUDGMENT

1. Two writ petitions filed by the appellants have been dismissed by the learned Single Judge vide impugned judgment dated 16th March, 2004.

2. In appeal the appellants are litigating with their uncle Amar Singh. The pedigree table is as under:-

Roop Singh

Rewat (Son)

Amar (Son)

Banney (App.1)

Gopal (App.2)

 

3. When Gopal was minor, his brother Banney Singh filed a suit for partition impleading Gopal as a co-plaintiff and acted as the next friend of Gopal. The suit was registered as suit No. 76/1961. Amar Singh was defendant.

4. Case pleaded was that Roop Singh was the common ancestor and khatedar of the suit lands. On death of Roop Singh his two sons Rewat and Amar Singh inherited half share each. On death of Rewat his two sons inherited Rewat's half share.

5. Amar Singh defended the suit claiming to be the erstwhile Jagirdar with further plea that Rewat being younger to him was entitled only for a maintenance. He also pleaded that in his life time Rewat had raised similar dispute about his share. The then State had fixed Rs. 504/- as maintenance for Rew












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