SMT. LAXMI W/O. MOHAN RAM Vs. BOARD OF REVENUE FOR RAJASTHAN AT AJMER
LAWS(RAJ)-2017-3-58
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on March 20,2017

Smt. Laxmi W/O. Mohan Ram Appellant
VERSUS
BOARD OF REVENUE FOR RAJASTHAN AT AJMER Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 03.02.2015 passed by the Board of Revenue, Ajmer ('the Board'), whereby the revision petition filed by the respondent No.3 - Smt. Rami under Section 230 of the Rajasthan Tenancy Act, 1955 ('the Tenancy Act') has been accepted and the order dated 15.12.2014 passed by the SDO, Pali rejecting the application filed by the respondent under Section 65 of the Indian Evidence Act, 1872 ('the Evidence Act') has been set aside and respondent has been permitted to lead secondary evidence.
(2.) The suit was filed by respondent No.3 - Smt. Rami under Sections 88, 89, 188 and 92(A) of the Tenancy Act, inter alia, seeking declaration qua the land standing in name of deceased Mohan Ram. The suit was filed based on a Will said to have been executed by the deceased Mohan Ram, brother of plaintiff-Smt. Rami on 23.05.1985. Mohan Ram died on 01.09.2006. The declaration was sought against Smt. Laxmi W/o. Mohan Ram and four daughters of Mohan Ram.
(3.) The petitioner-defendants filed their reply to the suit and questioned the validity of the Will and denied the existence of any such Will alleging the same to be forged/concocted. The defendants also relied on the fact that regarding the document claimed as Will, proceedings were pending against Smt. Rami before the competent criminal courts, wherein challan has been filed against Smt. Rami.;


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