Mohammad Rafiq, J. - (1.) Challenge in this writ petition is made to judgment dated 11.05.2015 passed by Board of Revenue in Second Appeal No. 5863/2000, judgment dated 13.11.2000 passed by Revenue Appellate Authority, Bharatpur, in Appeal No. 49/1999 and judgment dated 24.07.1990 passed by Assistant Collector, Nadbai, in Revenue Suit No. 431/1986. Prayer is also made for a direction to respondents not to interfere with possession of petitioners and not to alienate the property in question.
(2.) Briefly stated, facts of the case are that one Om Prakash filed a suit in court of Assistant Collector, Nadbai, Bharatpur, under Ss. 88, 89 and 188 of the Rajasthan Tenancy Act, stating therein that out of land measuring 2 biswa of khasra No. 1065/3, one biswa land was acquired by the Government for the purpose of road and remaining one biswa land was put to auction by order of Tehsildar dated 24.12.1964, which was purchased by plaintiff Om Prakash. During settlement proceedings, said one biswa land of khasra No. 1065/3 was included in land of new khasra No. 1393 measuring 4 biswa and in revenue record name of defendant No. 1 Loka Ram, having found in possession on the site, was entered as khatedar khudkast of one -half share of new khasra number, whereas in fact he was having only one -fourth share in land of new khasra and remaining one -fourth land towards east side was in cultivatory possession of plaintiff Om Prakash. Loka Ram sold one biswa of land, which was in cultivatory possession of plaintiff Om Prakash, to Smt. Chandra Kala through registered sale -deed, and defendant No. 2 Smt. Chandra Kala got constructed oil tank on said land and she threatened plaintiff Om Prakash of his forcible eviction from land in dispute.
(3.) Said suit was contested by filing reply stating therein that old khasra measuring 2 biswa was not in existence and plaintiff was not auction purchaser of one biswa of land, and that one biswa of old khasra number was never added to new khasra number and that name of Loka Ram rightly appeared in 'jamabandi' having one -half share in land of new khasra No. 1093. Plaintiff was never in possession of land in dispute. Entries of settlement department are correct. Loka Ram sold his one -half share in Khasra No. 1093 to Chandra Kala by registered sale -deed dated 06.12.1978. During her life time, she remained in possession and after her death her legal heirs are in possession over her share.;