- (1.) Under challenge is the judgment dated 11.08.1994, passed by the Board of Revenue, Ajmer (hereinafter "the Board") in revision petition setting aside the order dated 29.10.1993, passed by the Addl. Divisional Commissioner, Jaipur whereby he had allowed the petitioner's appeal upsetting the order dated 30.03.1992, passed by the Tehsildar, Kishangarh Bas as also the order dated 10.02.1982 passed by the Gram Panchayat, Gunasar sanctioning mutation No.78 qua khasra No.63 (old) new khasra No.425, 426 admeasuring 3 bigha 15 biswa, khasra No.110 (old) new khasra No.529, 534 admeasuring 2 bigha 3 biswa and khasra No.186 (old) new khasra No.625 admeasuring 2 bigha 1 biswa, aggregating to 7 bigha 19 biswa (hereinafter "the suit land") in favour of the respondent-Om Prakash on the basis of his adoption deed dated 02.08.1979. Also under challenge is the Board's judgment dated 13.12.2000 dismissing the petitioner's review petition.
(2.) The facts of the case are that the petitioner purchased by registered sale-deed dated 11.05.1972 the suit land from the recorded khatedar, one Smt. Mathuri Devi. This transfer of khatedari rights entailed consequent and corresponding entries being made in the name of the petitioner in the record of rights by the Gram Panchayat, Gunasar vide mutation No.7 & 8 dated 15.07.1975. This was then reflected in the Jamabandi of Samvat 2035 onwards. It appears that the vender Smt. Mathuri Devi thereafter vide registered adoption deed dated 02.08.1979 adopted the respondent-Om Prakash. Based on the adoption deed aforesaid, mutation No.78 was sanctioned on 10.02.1982 by the Gram Panchayat, Gunasar in the name of respondent recording Smt. Mathuri Devi's death. This mutation bearing No.78 also oddly included the khatedari land of the petitioner purchased vide registered sale-deed dated 11.05.1972 and reflected in mutation No.7 & 8 sanctioned by the Gram Panchayat itself. Smt. Mathuri Devi died on 06.11.1991.
(3.) Mutation No.78 having come to the knowledge of the petitioner on 01.06.1985, he preferred an appeal before the SDO, Kishangarh Bas. In his judgment dated 02.12.1985, the SDO, Kishangarh Bas recorded the factum of Smt. Mathuri Devi being alive as she had appeared before him in the appeal through an Advocate one Rajaram duly authorized by a vakalatnama signed by her. The SDO in the circumstance, finding that Smt. Mathuri Devi was obviously alive on 10.02.1982 when mutation No.78 was made in favour of the respondent-Om Prakash taking her to be dead, cancelled it as unlawful and founded on fraud. The matter was remanded to the Tehsildar, Kishangarh Bas, with a direction to properly investigate into the issue, decide the matter afresh in accordance with law and then make the requisite entry, as warranted, in the revenue record.;