IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mr. Veerendr Singh Siradhana, J.
Late. Dahnpat Kanwar And Other - Appellant
Versus
Smt. Shanti And Others - Respondent
Civil Writ Petition No. 9794 of 2017
Decided On : 21-05-2019
Land Revenue Act, 1955 - Section 224 - Hindu Succession Act, 1956 - Constitution of India,1950 - Article 227 – Civil Procedure Code,1908 - Section 151 - Order 7, Rule 11 - Unregistered agreement for sale - Rightful share in property - Petitioner instituted a suit for possession before Court of Sub Divisional Magistrate District Ajmer pleading that her father died around year - He was survived by his widow late minor son and by her - It is pleaded case of petitioner plaintiff that owned land and after resumption of he was declared of land measuring about and covered late died - Held, Deed of gift was a registered gift deed execution of gift deed is not disputed by Plaintiff - It is the case of plaintiff that gift deed was a showy deed of gift and therefore same is not binding on him - However it is required to be noted that for approximately years neither Plaintiff nor his brother claimed at any point of time that gift deed was showy deed of gift - One of executants of gift deed brother of Plaintiff during his lifetime never claimed that gift deed was a showy deed of gift - It was Appellant herein-original Defendant who filed suit in year for partition and said suit was filed against his brothers to which Plaintiff was joined as Defendant - It appears that summon of suit filed by Defendant being Suit was served upon Defendant Plaintiff in year itself - Despite same he instituted present suit in year - Writ Application Dismissed
JUDGMENT
Veerendr Singh Siradhana, J. - Legal representatives of Late Dhanpat Kanwar, plaintiff/petitioner, aggrieved of the order dated 26th May, 2014, made by Sub Divisional Magistrate, Kishangarh, District Ajmer, confirmed by the Revenue Appellate Authority, Ajmer vide order dated 15th October, 2014 and order dated 31st May, 2017, made by the Board of Revenue for Rajasthan, Ajmer, declining the appeal; have approached this Court praying for the following relief(s):
"1. By way of writ, order or directions the Orders dated 26.5.2014 PASSED BY, SDM (KISHANGARH AJMER; THE ORDER DATED 15.10.2014 PASSED BY THE REVENUE APPELLATE AUTHORITY, AJMER AND THE ORDER DATED 31.5.2017 PASSED BY THE BOARD OF REVENUE, AJMER may kindly be quashed and set aside.
2. Any other appropriate order or directions which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be passed in favor of the petitioner.
3. Cost of the writ petition may also be passed in favor of the petitioner."
2. Briefly, the essential skeletal material facts are that the plaintiff/petitioner (Dhanpat Kanwar), instituted a suit for possession before the Court of Sub Divisional Magistrate, Kishangarh, District Ajmer, pleading that her father late Shri Buddh Singh Mahajan died around year 1950. He was survived by his widow late Sirah Kanwar, minor son Nand Kumar Singh and by her (Late Dhanpat Kanwar). It is pleaded case of the petitioner plaintiff that late Buddh Singh Mahajan owned Jagir land and after resumption of Jagir, he was declared Khatedar of land measuring about 70 bighas and 18 biswas covered under Khasra No.578, 584, 585 and 586. Sirah Kanwar w/o late Buddh Singh Mahajan died on 5th January, 1992. According to the petitioner-plaintiff, she being daughter, is entitled to her share in Buddh Singh's property. For the revenue officers, by mistake, recorded the entire land of late Shri Buddh Singh Mahajan in the name of Nand Kumar Singh (Son) whereas name of Sirah Kanwar w/o of late Shri Buddh Singh Mahajan was not recorded in the revenue records. Under the circumstances aforesaid, the plaintiff-petitioner was deprived of her rightful share in the property. Further, Nand Kumar Singh, entered into unregistered agreement for sale dated 27th July, 1960 of 25 bighas and 10 biswas of the land involved herein, in favour of one Lalu Teli and his son Lala Teli for a consideration of Rs. 363/- (Rupees Three Hundred Sixty Three). The possession of land is now with legal representatives of Lala Teli while in the revenue records it is in Khatedari of son of Lalu Teli, however, both of them have expired. Another piece of land measuring 45 bighas of land out of Buddh Singh Mahajan's estate was sold to one Narayan son of Kalu Teli for a sale consideration of Rs. 637/- (Rupees six hundred thirty seven) by an unregistered agreement. The gram Panchayat had also sanctioned mutation No.37, in favour of Narayan S/o Kalu Teli. According to plaintiff-petitioner both the mutations have been made on the basis of unregistered instruments of sale, and therefore, mutations are invalid. The plaintiff-petitioner, therefore, prayed for mutation opened in favour of Nand Kumar Singh and Sirah Kanwar (legal representatives of late Buddh Singh Mahajan) indicating equal share to each of them. Prayer was also addressed to cancel the mutation No.37 and 43, sanctioned by Gram Panchayat on the basis of unregistered instruments for sale. Defendant-respondents No. 6 to 9, filed an application under Order 7, Rule 11 read with section 151 CPC, resisting the maintainability of the plaint for the defendant-respondents are in possession of the suit property for more than 55 years and the subject land involved herein has changed several hands and those transfers have also been reflected in the revenue records. Further, the suit instituted by the plaintiff-petitioner being barred
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