UDAISINGH Vs. SMT. CHATTAR KANWAR AND ORS.

JUDGEMENT

(1.) THIS is a petition by Udai Singh, who was plaintiff in suit No. 23 of 1962, in the court of Sub divisional Officer, Nimbahera, for declaration, possession and permanent injunction, against Smt. Chattar Kanwar, respondent No. 1, and Ratan Singh, respondent No. 2. The petitioner claimed that he was taken in adoption by the said Smt. Chattar Kanwar after the death of her husband Jawan singh, that he was the khatedar tenant of the suit lands situated in village Fachar Solanki, and that the gift deed executed in respect of those lands by Smt. Chattar Kanwar on March 1, 1962 was invalid. The suit was decreed by the Sub divisional Officer by his judgment Ex. 1 dated July 18, 1963, It was held by him that the petitioner was the adopted son of the aforesaid Jawan Singh and that he hid acquired khatedari rights in the suit lands. An appeal was preferred to the Revenue Appellate Authority which was allowed by judgment Ex. 2 dated September 14, 1964 and the judgment and decree of the Sub divisional Officer were set aside The petitioner went in second appeal to the Board of Revenue but it was dismissed by judgment Ex. 3 dated January 27, 1967. He has therefore approached this Court for a redress of his grievance by way of certiorari.

(2.) IT has been argued by Mr. Ganpat Singh, learned Counsel for the petitioner, that the learned members of the Board of Revenue commuted an error of law apparent in the face of the record in their impugned judgment Ex. 3 dated January 27, 1967, inasmuch as they did not examine the petitioner's arguments, in the second appeal before them, on the question of adoption order the mistaken impression that that was a matter for trial before a civil court. It has been pointed out that it has been held by this Court in its Bench decision in Chimna v. the Board of Revenue, Rajasthan and Anr., ILR (1956) Raj 323 that the revenue court concerned has full jurisdiction to decide any question of status such as the validity or other vise of an adoption, so long as that question arises in the suit as an ancillary to or in support of the claim.

(3.) IT appears from the record that it was urged before the learned members of the Board of Revenue, in the aforesaid second appeal, that if the petitioner claimed the suit lands on the basis of adoption, he should have gone to the civil courts for his relief The learned members of the Board of Revenue accepted the argument and held that "if Udai Singh contested on the basis of adoption he should have gone to civil courts". It is therefore quit clear that the Board of Revenue did not examine the petitioner's arguments regarding his claim to adoption, to the extent they were admissible in the second appeal, under the mistaken impression that was matter for trial in a civil court. As has been pointed out by Mr. Ganpat Singh, the law on the point has been examined in Chimna's case, ILR (1956) Raj 323. in almost similar circumstances, and it has been held as follows: