Arun Bhansali, J. - (1.) THIS writ petition has been filed by the petitioners aggrieved against the judgment dated 15.12.2005 passed by the Board of Revenue, Ajmer ('Board'), whereby the appeal filed by the petitioners against the judgment dated 23.1.2001 passed by the Additional Collector (Ceiling), Pali has been rejected.
(2.) THE facts in brief may be noticed thus : proceedings were initiated in the name of Daulat Singh, Prithvi Singh, Sardar Kanwar W/o Late Shri Jalam Singh and Chandan Singh under Chapter III -B of the Rajasthan Tenancy Act, 1955 (Old Ceiling Law). The returns were filed and it was claimed that the holders were in possession of 432 Bigha land. The ceiling authority by its order dated 20.4.1971 came to the conclusion that their were four separate families and members of family were more than ten and as such, the land being held by them was not beyond the ceiling limit and consequently, dropped the proceedings. Whereafter, it appears that under the provisions of Section 15(2) of Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 ('the Act), proceedings were reopened and by order dated 8.3.1982, the State Government referred the matter to the Additional Collector for re -examining the same. The fundamental reason for the reopening was indicated that the assessees Daulat Singh, Prithvi Singh and Late Shri Jalam Singh were shown to have gone in adoption to Sultan Singh, Gordhan Singh and Bakhtawar Singh respectively and on account of going in adoption, the rights of person in the original family ceases and enquiry in this regard has not been done.
(3.) THE Additional Collector by his order dated 31.3.1987 came to the conclusion that with the adoption, under the Hindu Law the person becomes entitle to the properties of the family, in which he goes in adoption and all his rights in the natural family comes to an end and as the assessees were co -tenant and went in adoption and only Chandan Singh remained in the family of Samander Singh, his natural father, the entire land would be assessed in the hands of Chandan Singh and found him to be in possession of 42.40 standard acer excess land.;