Honble JAIN, J.—Learned Munsif and Judicial Magistrate, 1st Class, Khetri, vide its order dated 16th of August, 1977 in Civil Suit No. 26/75, made a present reference before this Court u/S. 243(1) of the Rajasthan Tenancy Act, 1955, to remove its doubt about jurisdiction to try the present suit.

2. This Court passed an order to register the reference and to issue notice to the parties vide order dated 21.6.1979. Some of the parties were served and notices of some of the parties were received unserved with remarks that they have died. However, this being a reference, the same does not abate for want of substitution of legal representatives of the deceased parties. The parties, who have been served with the notice of this reference, have also not put their appearance before this Court. Thereafter a notice of this reference was issued to the State of Rajasthan through the Collector, Jhunjhunu and after service of notice the counsel for the State appeared before this Court on 13.2.2004 and sought time. Thereafter the reference was fixed from time to time but nobody appeared on behalf of either party including the State of Rajasthan. This Court vide order dated 21.2.2006 appointed Shri R.K. Agarwal, Advocate, to assist the Court in the matter, who sincerely assisted the Court and I record my thanks to him for the same.

3. Briefly stated the facts of the case are that the plaintiffs filed a suit for division of holding in the Court of Assistant Collector, Khetri, u/S. 53 of the Rajasthan Tenancy Act, 1955 wherein it was pleaded that in village Thothi, Tehsil Khetri, District Jhunjhunu, there is an agriculture land situated bearing khasra No. 75 measuring 31 bigha 18 biswa and khasra No. 93 measuring 23 bigha 5 biswa. Total measurement of the land is 55 bigha and 3 biswa barani. The land stood in the name of recorded tenant Shri Nekiram, who died in the month of March or April, 1970. After the death of Nekiram, his widow, sons and daughters are the recorded tenant of the said land in dispute. The widow of deceased Nekiram is the defendant No. 1 and his three sons are – the plaintiff No. 3 and 4 and defendant No. 2; his five daughters are plaintiff Nos. 1, 2, 5 and 6 and defendant No. 3. The said land was said to be a land of joint tenancy and each one has equal share in the same. It was also pleaded that the defendant No. 1, without obtaining prior permission as the natural guardian of plaintiff Nos. 3 and 4, from the District Judge, and defendant No. 2 is his personal capacity, executed a sale-deed dated 20.4.1971 in respect of the land measuring 7 bigha 3 biswa out of khasra No. 75 measuring 31 bigha 18 biswa, in favour of defendant No. 4, and 11 bigha 13 biswa in favour of defendant No. 5, and 11 bigha 12 biswa in favour of defendant No. 6 out of Khasra No. 93 measuring 23 bigha 5 biswa, without obtaining any amount towards consideration and got the sale-deed registered in their favour and also handed over the possession thereof. A notice was given to the defendant Nos. 4 to 6 to produce the original sale-deeds through this plaint. There was no fragmentation of the holding, the land was in the joint tenancy and further the plaintiffs No. 3 to 6 were minor. The defendant No. 2 sold the land in excess to his share without any partition of the land; all the three sale-deeds are void and without consideration and that the defendants No. 4 to 6 are in possession only as trespasser. It was pleaded that the suit is triable before the revenue Court as it was a suit for division of holding and as per Item No. 3 of the Third Schedule of the Rajasthan Tenancy Act, 1955 the revenue Court has jurisdiction to try and decide the same. It was prayed in the suit that the share of plaintiff Nos. 1 and 2 to the extent of 2/9 and share of plaintiff Nos. 3 to 6 to the extent of 4/9 in the land in dispute, be declared and a decree of possession in their favour be passed, and the defendants be dispossessed from the share of holding of the plaintiffs.

4. Th

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