Point of Law: Fiscal entries like mutation do not represent or create any title or interest property.

JUDGMENT :

1. The present regular appeal has been preferred against the judgment and decree dated 27.03.2008 passed by the Additional District Judge (Fast Track) No.2, Bhilwara in Civil Original No.28/2007, whereby the suit for declaration, cancellation of the sale deed and permanent injunction has been decreed.

2. The brief facts of the case are that the plaintiffs Rameshwar Lal and Bheru preferred a suit with the following submissions :

(i) That the agricultural land measuring 13.16 bighas and 14.05 bighas was originally of the ownership of Kela Jat who was the maternal grandfather of the plaintiffs. Kela expired before the Hindu Succession Act, 1956 came into effect and was survived by his wife Jadav and two daughters namely Shringari and Bagati. All the three descendants of Kela have since expired and the only surviving descendants of Kela are the plaintiffs Rameshwar Lal and Bheru who are the sons of Shringari and Bagati respectively.

(ii) One Balu Jat, who was the nephew of Kela, got the revenue entries qua the land in question mutated in his favour on the basis of an alleged adoption by Kela. Balu was never adopted by Kela and therefore, the revenue entries and the mutation got effected by Balu on the basis of the alleged adoption were fraudulent.

(iii) That a part of the land in question was subsequently sold vide registered sale deed by Debi son of Balu Jat in favour of his daughter Rukma. Debi had no right over the land in question and therefore, could not have executed any sale deed in favour of any person as Balu, through whom Debi claims to succeed to the property in question, was himself not the rightful owner of the property in question. The property, since the death of Kela, remained in possession of his daughters Shringari and Bagati and subsequently, in possession of the plaintiffs.

3. With the said submissions, it was prayed that the defendants be restrained from interfering with the possession of the plaintiffs and further that the sale deed executed in favour of Rukma (defendant No.2) by defendant No.1 Debi be declared to be null and void.

4. The written statement to the suit as preferred by the plaintiffs was filed by defendants No.1 and 2 and it was submitted that Balu was adopted by Kela after following the due process and was by all means, the adopted son of Kela. It was further the defence of the defendants that after the death of Kela, his wife Jadav and Balu succeeded to half share of the property each and Balu thereafter, remained in possession of said property which he got in succession because of the adoption. A prayer was therefore made to dismiss the suit as preferred by the plaintiffs.

5. The Trial Court, on the basis of the pleadings, framed as many as ten issues.

6. After hearing the parties and perusing the material available on record as well as the evidence led by the parties, the learned Court below proceeded on to decree the suit of the plaintiffs and declared that Balu or defendants No.1 and 2 did not have any right over the property in question and that the plaintiffs had succeeded to the property by succession. Consequently, the sale deed dated 12.02.2007 executed in favour of defendant No.2 was cancelled to the extent of the ownership of the plaintiffs. Further, defendants No.1 and 2 were permanently restrained from interfering with the possession of the plaintiffs as well as from alienating the property in question.

7. Regarding the other reliefs pertaining to the mutation entries as well as the correction in the revenue records, the suit was dismissed on the ground that for the said reliefs, the suit was not maintainable before the Civil Court.

8. Aggrieved against the judgment and decree dated 27.03.2008, the present regular appeal has been preferred by the appellants.

9. Learned counsel for the appellants Shri Arvind Samdariya submitted that the learned Court below seriously erred in law in decreeing the suit in favour of the plaintiffs as the suit itself was not maintainable before the Ci