- (1.) Ceiling proceedings were initiated against Bala Bux under the Rajasthan Tenancy (Fixation of Ceiling of Land) Government Rules, 1963 (for short Old Ceiling Law) by the Authorised Officer Baran. During the pendency of the proceedings Bala Bux died and his major son Mool Chand and Brij Mohan son of Gujar Mal were brought on record and the Authorised Officer vide his judgment dated April 2, 1976 held 87.27 standard acres of land excess than the ceiling limit and ordered its resumption. Against the said judgment petitioners Mool Chand and Smt. Ram Janki Bai preferred two separate appeals before the Revenue Appellate Authority (for short the RAA). The RAA vide judgment dated July 2, 1976 dismissed the appeal of Smt. Ram Janki Bai being incompetent but remanded the case of Mool Chand for fresh hearing. Mool, Chand and Smt. Ram Janki Bai assailed the judgment of the RAA by filing two separate revision petitions before the Board of Revenue Ajmer (for short the Board). The Board vide common judgment dated December 17, 1977 dismissed the revision petitions. Review petition preferred by Mool Chand was also dismissed on September 18, 1980. The petitioner Mool Chand and Smt. Ram Janki Bai have now assailed the aforequoted orders of the Authorised Officer, the RAA and the Board in the instant writ petitions.
(2.) It also appears from the material on record that the petitioner Mool Chand made an application on May 7, 1976 before the RAA under order 41 Rule 27 of the Code of Civil Procedure seeking production of as many as' ten documents consisting of certified copies of the judgments and relevant revenue record. The RAA vide order dated June 11, 1976 rejected the application on the ground that no reasonable explanation could be given for delayed production of the documents.
(3.) Mr. Gopal Garg learned counsel for the petitioner Mool Chand canvassed that Bala Bux died in 1970 and some of his legal representatives were not brought on record. Kalyan Mal, the major son of Bala Bux died in the life time of Bala Bux leaving behind his wife Smt. Ram Janki Bai. When after the death of Bala Bux his major son Mool Chand and Brij Mohan son of Gujarmal were brought on record, Smt. Ram Janki Bai also ought to have been impleaded as legal representative of late Bala Bux. It was further contended that though recognition was given to Ayodhya Bai and Ganga Bai but the courts below had seriously erred in rejecting the mutation which was sanctioned in favour of Moo] Chand and Om Prakash in the year 1967. The courts below had also committed error in rejecting the validity of the decrees of 1964 which were of dates prior to the coming into operation of sanction 30-D of the Old Ceiling Law. Courts below had also lost sight of the provisions contained in section 30-DD of the Old Ceiling Law, which clearly lays down that transfers in favour of sons are valid.;