Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the judgment dated 13.11.1995 passed by the Board of Revenue, Rajasthan, Ajmer ('BOR'), whereby their second appeal against the judgment dated 26.3.1991 passed by the Revenue Appellate Authority, Bikaner ('RAA') has been rejected.
(2.) The respondents No. 3 to 5's father Khamu filed a suit for partition and correction of entries in the Court of Assistant Collector, Taranagar in the year 1981; it was inter-alia contended that the plaintiff and defendants belong to one family and their agriculture land is situated at old khasra No. 24 ad measuring 128.9 Bigha and whose new khasra numbers were 66 to 70, 73 ad measuring 100 Bigha 15 Biswa at Village Dhana Pata Satau. It was claimed that the plaintiff has ⅓rd share in the land in question and a decree for partition and declaration was sought. The defendants filed their written statement along with counter claim and submitted that they were in possession of land ad measuring 71 Bigha 9 Biswa by way of partition which took place long back and that they are cultivating the same. It was also submitted that plaintiff - Khamu is cultivating land ad measuring 31 Bigha and remaining 20 Bigha land is being cultivated by Gopal @ Gokul and based on the submissions made in the written statement/counter claim correction of entries was sought.
(3.) The trial court framed five issues and after evidence was led by the parties, it came to the conclusion that the land in question was divided long back amongst the parties and they were cultivating their respective portions; partition took place long back by metes and bounds; there was no plea of joint cultivation and based on its findings, the Assistant Collector rejected the suit and decreed the counter claim.;