Alok Sharma, J. - (1.) RESTORED and heard on merits.
(2.) THIS petition impugns the judgment dated 20 -9 -2011 passed by the Board of Revenue, Ajmer (headquarter 'the Board') whereby it has set aside the judgment and decree dated 16 -9 -2003 passed by the Revenue Appellate Authority, Sawai Madhopur (RAA) while restoring the judgment and decree dated 16 -5 -2002 passed by the Assistant Collector Sawai Madhopur on the plaintiff -respondent's suit for declaration of khatedari rights, partition, permanent injunction and correction of entries, and directing that in terms of Rules 20 and 21 of the Rajasthan Tenancy (Board of Revenue) the report of the jurisdictional Tehsildar on the partition as directed be obtained and after hearing the parties the final decree of partition be passed. The facts of the case are that the respondents -plaintiffs Ramniwasi the widow of Kanhaiya, Bharosi and Kailash children of Kanhaiya (hereinafter 'the plaintiffs') filed a revenue suit as detailed hereinabove before the Assistant Collector Sawai Madhopur. It was stated that the land mentioned in the plaint admeasuring 11 bigha 1 biswa situated in Goth Bihari Tehsil Khandar District Sawai Madhopur was ancestral land standing in the name of Jesya in the revenue records (Exhibit -1). Jesya had three sons Felu, Ganesh and Bhurji who on his death were conferred khatedari to the extent of 1/3rd share each (Exhibit 2). As Kanhaiya was son of Felu but had pre deceased him on 15 -12 -1974, the plaintiffs as his successors were entitled to subsequent in Felu's death ten years thereafter to khatedari rights Felu's land admeasuring 1/3 of 11 bighas 1 biswa as recorded in Exhibit -1. The plaintiffs stated that Felu had apparently gifted away the entire land including Kanhaiya's share to Bhurji by a registered gift deed dated 18 -6 -1975 which was void ab initio and of no effect on the plaintiffs' rights. In the circumstances a declaration was sought that the plaintiffs were the khatedars of the suit land and also entitled to correction of entries accordingly, partition and permanent injunction.
(3.) ON service of notice on the plaint, the defendants -petitioners (hereinafter 'the defendants') denied any relation with Felu or that the land in issue was ancestral. It was stated that following Kanhaiya's death his widow the plaintiff Ramniwasi had gone in "NATA" to Laddu Mali and plaintiffs No. 2&3 born of that relationship. It was prayed that the suit thus be dismissed.;