Sangeet Lodha, J. - (1.) THIS petition is directed against judgment and decree dated 16.2.12 passed by the Board of Revenue Rajasthan, Ajmer, whereby a second appeal preferred by the respondents -defendants against the judgment and decree dated 24.5.02 passed by the Revenue Appellate Authority (RAA), Bikaner, affirming the judgment and decree dated 30.7.91 passed by the Assistant Collector, Sujangarh, decreeing the suit for declaration, partition and correction of entries in the revenue record preferred by the petitioners -plaintiffs against the respondents -defendants in respect of the agriculture land ad measuring 3 bighas 19 biswas comprising khasra No. 52 (new khasra No. 163), has been allowed and accordingly, the judgment and decree passed in favour of the petitioners -plaintiffs stands set aside.
(2.) THE relevant facts are that Jamal Khan S/o. Jeevan Khan filed a suit for declaration and correction of entries in respect of the agriculture land measuring 3 bighas 19 biswas comprising khasra No. 52 (new No. 163) inter alia against Suleman Khan, Inayat Khan and Ibrahim Khan, sons of Alladin, the respondents No. 5 to 7 herein, in the court of Sub Divisional Officer and Assistant Collector, Ratangarh. As per the averments made in the plaint, the land in question was in cultivatory possession of the plaintiff and the family of defendants since the time of their father -Jeevan Khan. It was averred that Jeevan Khan during his lifetime divided the land into two parts; southern portion measuring 1 bigha 19 biswas was given to father of defendant No. 1 to 3 and north portion of 2 bighas was given to younger son, plaintiff -Jamal Khan, the father of the petitioners herein. It was averred that Jamal Khan was old and illiterate and therefore, Alladeen Khan and after his death, defendant No. 1 to 3 got the entire land 3 bighas & 9 biswas mutated in their names. It was stated that Jamal Khan came to know about this fact only on 7.5.85 when the defendants No. 1 to 3 tried to encroach upon the portion of the land in possession of Jamal Khan. The defendants No. 1 to 3 refused to get the revenue entries corrected therefore, the suit was filed by Jamal Khan as aforesaid. Jamal Khan died on 5.2.92 and therefore, his sons Bhanwaroo Khan, Yasin Khan, Peeru Khan and Ahmed Khan were substituted as plaintiffs in place of Jamal Khan. Bhanwaroo Khan (since deceased) is represented by his legal representatives petitioners No. 1/1 to 1/8.
(3.) THE suit was contested by the defendants No. 1 to 3 taking the stand that Jeevan Khan never partitioned the land and nor the possession of 2 bighas land was ever given to Jamal Khan. It was averred that the land in question was always recorded as khatedari land of defendants' father Alladeen Khan and only in the Jamabandi of Samvat 2018 to 2020, 2 bighas land was shown to be in cultivatory possession of Jamal Khan. It was averred that on the basis of the said entry, khatedari rights were never conferred upon the legal heirs of Jamal Khan.;