K.S. Rathore, J. - (1.) A suit was filed by the respondent Nos. 5 and 6 against Shri Dil Sukh, respondent No. 7, Smt. Pana, respondent No. 8. Smt. Jatli and Smt. Mathri, respondent No. 9 as also against respondent No. 4, Tehsildar. under sections 88, 188 and 53 of the Rajasthan Tenancy Act in the Court of Sub Divisional Officer, Jhunjhunu.
(2.) It was alleged in the suit that the land originally belonged to one Kheta Ram, father of the plaintiffs and respondent Nos. 7 to 9 but after his death the land in question got recorded in the name of Shri Dil Sukh, original defendant No. 1 on the basis of adoption deed; while as per the suit, he was only entitled to get 1 /6th share as Kheta Ram was having five daughters.
(3.) The S.D.O. vide his judgment dated 3.4.1995 decreed the suit of the plaintiffs and held that the plaintiffs and the defendants are entitled for 1 /6th share and they be declared khatedar tenants of their respective shares. The order passed by the S.D.O. was challenged by the defendant Dil Sukh by filing an appeal before the Settlement Officer-cum- Revenue Appellate Authority, Sikar. The revenue appellate authority vide its judgment dated 6.6.1996 set aside the judgment and decree dated 3.4.1995 of the S.D.O., Jhunjhunu which was challenged by the respondent Nos. 7. 8 and 9 before the Board of Revenue and the Board of Revenue vide its judgment dated 24.5.2001 allowed the appeal and set aside the judgment dated 6.6.1996 of the revenue appellate authority and restored the judgment and decree dated 3.4.1995 of the S.D.O.;