Advocates:
['DR SACHIN ACHARYA', '', 'DR PRAMILA ACHARAYA', 'AK BABEL']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B.Civil Writ Petition No. 2583 / 2016

PETITIONER:

Lrs Of Ratan Lal S/o Bheem Raj Ji Dangi

1. Dalpat Singh S/o Late Shri Ratan Lal Ji Dangi, aged about 57

years, resident of Bhilwara.

2. Lalit Kumar s/o Late Shri Ratan Lal Ji Dangi, aged about 48

years, resident of Bhilwara.

3. Padam Kumar S/o Late Shri Ratan Lal Ji Dangi, aged about 39

years, resident of Bhilwara.

4. Smt. Pista D/o Late Shri Ratan Lal Ji Dangi W/o Shri Raj Kumar

Ji Pagariya, aged about 49 year, resident of Kankroli, District

Rajsamand.

5. Smt. Pramila D/o Late Shri Ratan Lal Ji Dangi, W/o Shri

Virendra Kumar Ji Medatwal, Aged about 44 years, resident of

Ajmer, District Ajmer.

6. Smt. Prabha D/o Late Shri Ratan Lal Ji Dangi W/o Shri Vinod Ji

Soni, aged about 42 years, resident of Ajmer, District Ajmer.

All the petitioners nos. 2 to 6 are through their power of attorney

holder-petitioner no.1 Dalpat Singh.

----Defendant/Appellant

Versus

RESPONDENTS:

Lrs Of Sosar Bai W/o Late Shri Sitaram Ji Somani

1. Lrs of Rameshwar Lal S/o Late Sitaram

1/1

Smt. Shanti Devi W/o Late Rameshwar Lal Ji Somani,

resident of Somani Katla, near Bada Mandir, Srafa Bazar,

Bhilwara.

1/2

Smt. Anuradha W/o Sandeep Ji Kabara D/o Rameshwar

Lal Ji Somani, resident of near Tagore School, Sanjay Colony,

Bhilwara.

(2 of 4)

[CW-2583/2016]

1/3

Rinku Somani D/o Late Sh. Rameshwar Ji Somani,

resident of Somani Katla, near Bada Mandir, Sarafa Bazar,

Bhilwara.

2. Badri Lal S/o Late Sitram Ji Somani, resident of Somani Katla,

near Bada Mandir, Sarafa Bazar, Bhilwara.

3. Smt. Kanta Devi D/o Late Sitram Ji Somani W/o Shri Jagdish

Prasad Ji Nuwal, resident of Bhilwara.

4. Smt. Manju Devi D/o Late Sitram Ji Somani, W/o Shri Ram

Chandra Ji Lakhotiya, resident of Bhilwara at present Nai

Dhanmandi, Udhyog Marg, DCM Road, Kota.

----Plaintiff

_____________________________________________________

For Petitioner(s) : Dr. Sachin Acharya

For Respondent(s) : Mr. AK Babel

_____________________________________________________

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

06/02/2017

1.

The petitioners have preferred this revision petition

aggrieved by the order dated 29.02.2016 passed by learned

Additional District Judge No.1, Bhilwara vide which the application

filed by the appellant-petitioner under Order 6 Rule 17 read with

Section 151 CPC and Order 41 Rule 27 read with Section 151 CPC

was rejected.

2.

It is contended by counsel for the petitioners that

during the pendency of the appeal, the petitioner purchased the

property from one of the co-owners and therefore, he became the

co-sharer which fact he wanted to bring to the notice of the court

(3 of 4)

[CW-2583/2016]

by way of amendment of the pleadings and by way of application

filed for bringing the additional evidence in appellate court.

3.

It is contended by counsel for the petitioner that the

factum of petitioner purchasing the property from one of the co-

owners was an additional evidence which was required to be taken

on record and would be relevant for the purpose of deciding the

appeal.

4.

Counsel for the petitioner has placed reliance on

(2004) 2 JLJ 246 Hameeda Begam Vs. Champabai Jain,

wherein the Hon’ble Apex Court has observed that if a tenant who

has purchased the property from a co-owner and gets into the

shoes of the co-owner need not file a suit for partition and

separate possession and there is no obligation on his part to

handover possession and thereafter, sue for partition and separate

possession. Any co-owner who wants to have possession, by

meets and bounds, may file a suit for partition and claim separate

possession and thereafter seek eviction of the tenant from the

part of reversion falling to his share after partition. It is contended

that since the petitioner has purchased the share from co-sharer,

the fact should have been taken into account by the court below.

5.

Counsel