Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition has been preferred against the judgment of the Board of Revenue dt. 10.12.1997 by which the Board of Revenue has allowed the appeal preferred by respondent Shanker Lal and set aside the judgment and decree passed by the trial Court dt. 26.12.1990. Brief facts of the case which came on the record are that there were three co -sharers namely, Ghadsi Ram, Mansha Ram and Chunni Lal in the agriculture land of khasra No. 202 measuring 56 bighas 19 biswas situated in Village Rohi of Circle Jaitpura of Tehsil Suratgarh. Ghadsi Ram sold his share in the property, which is 1/3rd, to defendant No. 2 -Raji Ram S/o Chunni Lal. Plaintiff Mansha Ram impleaded his co -sharer Ghadsi Ram as party alongwith Raji Ram as defendant No. 2 and also impleaded legal heirs of Chunni Lal as defendants Nos. 3 to 6.
(3.) IN the plaint, the plaintiff alleged that Mansha Ram had 1/3rd share, Raji Ram got 1/3rd share and the rest of the land is in the share of legal heirs of Chunni Lal. It is stated that because of the dispute between the plaintiff and defendants, the plaintiff wants to get his share determined and separated by meets and bounds. The suit was filed on 20.08.1987, the suit was decreed on the basis of consent written statement vide judgment and decree dt. 26.12.1990. Said judgment and decree dt. 26.12.1990 was challenged by respondent Shanker Lal by preferring appeal before the Revenue Appellate Authority, Bikaner, Camp Sri Ganganagar. The contention of respondent Shanker Lal was that in fact, Chunni Lal sold his entire 1/3rd land vide registered sale deed dt. 22.04.1958 to Shanker Lal. Since then respondent Shanker Lal is in possession of the property. It is alleged that the plaintiff deliberately, without impleading Shanker Lal in the suit, obtained decree for partition of the property. In support of his plea, appellant Shanker Lal placed on record mutation No. 125 opened on 20.11.1962 whereby the name of Shanker Lal was entered in the revenue record. Shanker Lal placed on record copies of Dhal Baanch of Samwat Years 2019, 2020 and 2022 to 2025 showing the entry of name of Shanker Lal for 1/3rd share in the property and to prove payment of land revenue deposited in the name of Shanker Lal.;