Ownership rights cannot be established solely through revenue records; proper evidence of joint tenancy is required.

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 both the parties/their children.

3. It was also claimed that as Jamal Khan was illiterate and was aged 80 years, the entire land comprised in khasra no. 163 was got recorded in the name of Alladeen Khan and, thereafter, in the name of his children about which Jamal Khan did not know though he and, thereafter, his children remained in possession. When the defendants attempted to take forcible possession of the land in question, they became aware of the fact that the land has been wrongly recorded in the name of defendants. Based on the said submissions, it was prayed that it be declared that the land comprised in Khasra No. 163 ad measuring 3 Bigha 19 Biswa situated at village Dulia, Tehsil Sujangarh is of joint tenancy of Jamal Khan and Alladeen Khan in which Jamal Khan had half share and, therefore, plaintiffs are entitled to get their names entered in revenue record. The property be partitioned and same be recorded in the name of plaintiffs.

4. The suit was resisted by the defendants with the submissions that Jeevan Khan never partitioned the land and Jamal Khan was never in possession of 02 Bigha land, the land was always recorded as Khatedari of Alladeen Khan and only in Jamabandi of Samvat Year 2014-2017 and Girdawari of 2018-2020 the same was shown in cultivatory possession of Jamal Khan. It was averred that merely on the basis of said entries, the khatedari rights cannot be claimed.

5. The trial court framed four issues and the parties led evidence.

6. After hearing the parties the Assistant Collector, Sujangarh by his judgment and decree dated 30/7/1991 decreed the suit.

7. Feeling aggrieved, the defendants filed first appeal. The Revenue Appellate Authority by its judgment dated 24/5/2002 dismissed the appeal, against which second appeal was filed before the Board of Revenue.

8. The Board of Revenue by its judgment dated 16/2/2012 reversed the finding recorded by the trial court as well as the first appellate court and dismissed the suit.

9. Feeling aggrieved, the petitioners filed writ petition before this Court, which has been dismissed by the learned Single Judge by the judgment impugned.

10. Learned counsel for the petitioners made submissions that the Board of Revenue and learned Single Judge fell in error in accepting the appeal/dismissing the writ petition.

11. Submissions were made that in Jamabandi pertaining to Samvat Year 2014-2017 the land was recorded in the name of Alladeen as Jagirdar, however, in respect of 02 Bigha of land name of Jamal Khan was entered as tenant and, therefore, in view of the provisions of Section 9 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 ('the Act, 1952'), Jamal Khan became khatedar tenant of 02 Bigha of land and Alladeen became khatedar tenant of 01 Bigha 09 Biswa of land, however, learned Si