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ARUN BHANSALI, YOGENDRA KUMAR PUROHIT
Bhanwaru Khan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Arun Bhansali, J. - This appeal is directed against the order dated 27/5/2015 passed by the learned Single Judge, whereby, the writ petition filed by the petitioner has been dismissed. Jamal Khan, father of petitioners - Bhanwaru Khan, Yasin Khan, Peeru Khan & Ahmed Khan filed a suit before the Addl.
2. Collector, Sujangarh for declaration, correction in revenue record and partition against the children of Alladeen Khan with the averments that the original plaintiff Jamal Khan and father of defendants Alladeen Khan were brothers being children of Jeevan Khan. It was claimed that the land ad measuring 3 Bigha and 19 Biswa situated in khasra no. 163 (old khasra No. 52) was in possession of Jamal Khan and Alladeen Khan from the life time of Jeevan Khan. It was claimed that Jeevan Khan in his life time partitioned the said land and southern portion ad measuring 1 Bigha 9 Biswa was given to Alladeen Khan and northern portion ad measuring 02 Bigha was given to Jamal Khan, since then he was in peaceful possession and presently same was in possession of children of Jamal Khan. It was claimed that the portion which was received by way of partition continued to be in possession of bot
Ownership rights cannot be established solely through revenue records; proper evidence of joint tenancy is required.
Jamabandi are only for fiscal purposes and no ownership is conferred on basis of entries.
Khatedari rights under the Rajasthan Tenancy Act are granted only to actual cultivators, not to those claiming through others without evidence of cultivation.
Aspect cannot be said to be barred by the principle of resjudicata more particularly when the revenue record was clearly indicating otherwise than what was held by the Magistrate in previous round of....
The main legal point established in the judgment is that the burden of proving joint ownership of ancestral property lies with the claimant, and such burden cannot be discharged solely by oral eviden....
It is worthy to note that on the death of a female bhumidhar succession to holding goes not to her heirs but to "nearest surviving heir of the last male bhumidhar". In other words it is the heirs of ....
The court established that khatedari rights must be respected and that revenue authorities must maintain accurate records without unjustified alterations.
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
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