Vineet Kothari, J. - (1.) THESE writ petitions are directed against the order of Single member of Board of Revenue Annex.21 dated 1.11.1994 and Division Bench order Annex.23 dated 30.5.1995 whereby the Board of Revenue in exercise of their power under Section 221 of Rajasthan Tenancy Act quashed and set aside the decree of the Assistant Collector, Pali dated 24.4.1973 (Annex.13) in favour of the petitioner Ghanshaym under Section 88 of the Rajasthan Land Revenue Act. The Board in exercise of its powers under Section 221 of the Rajasthan Tenancy Act did so on the application of the private respondents, namely, Sh. Magha Ram and Jamna Ram -respondents No. 6 and 7 in the present writ petitions.
(2.) BEING aggrieved by the said order, the petitioner has approached this Court by way of present writ petition with the following averments: (a) The land for which the dispute relates is known as Bera Rodawa Bawadi consists of old survey No. 1148 to 1154 and 1156 to 1167 in all 19 survey numbers total measuring 34 bighas and 0.5 biswas of which present survey No. s are 1420 measuring 0.9 biswas, 1421 measuring 1 bigha and 1422 measuring 32 bighas and six biswas total measuring 34 bighas and 0.5 biswas. (b) These lands were originally granted by the erstwhile sovereign ruler of Marwar State, Maharaja Jaswant Singh in the Samwat year 1936 to the predecessors - forefathers of the non -petitioner No. 8 - Madho Singh Deewan. The family tree of the non - petitioner No. 8 so far known starts from Sh. Shivdan Das Ji whose son was Sh. Laxman Das Ji. The aforesaid patta was granted in favour of Sh. Shakti Das mentioning the names of forefathers also. (c) Shakti Das Ji had a son Sh. Pratap Singh, who succeeded him and from Pratap Singh his son Hari Singh succeeded him. Deewan Madho Singh non -petitioner No. 8 was minor at the time of death of Sh. Hari Singh Ji and hence his jagir of which the disputed land was also a part was to be in Court of Wards in the erstwhile State of Marwar under the State Guardianship of Thakur Govidn Singh Ji of Chandawal. (d) At the relevant time, the aforesaid lands were shown as the personal properties of the jagirdar in the Court of Wards, in the list of property submitted at that time. (e) Consequent to the passing of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952, the non - petitioner Deewan Madho Singh's Jagirs were also resumed on 1.7.1955. Since the aforesaid lands were the personal property of the Jagirdar, the aforesaid land, which is the only personal land of the non -petitioner No. 8 in Revenue Villagek Pali, a claim was made for this land before the Jagir Commissioner in form No. 5. This land is shown at item No. 4, Pali, 15 acres with the income of Rs. 201/ -. The Jagir Commissioner after enquiring into the full claim came to the conclusion that Bera Rodawa Bawadi Tehsil Pali is the personal property of the non -petitioner Deewan madho Singh, which is liable to be resumed consequent to the Resumption Act. This judgment was passed on 3.1.1958. There is a letter of the Jagir Commissioner on record since 12.9.1958, wherein also at item No. 4, it has been mentioned that property Bera Rodawa Bawadi, Tehsil Pali is liable to be resumed and the petitioner is entitled to be compensation for the same and consequently this Jagir was resumed and compensation was duly determined and paid to Deewan Madho Singh - non -petitioner No. 8. (f) The proceedings for resumption of Jagir relating to the then Jagirdar Madho Singh who was minor and the Jagir of Bilara was administered by the Court of Wards and during the process of resumption of Jagirs, the claim filed by the Court of Wards on behalf of the then Jagirdar before the Jagir Commissioner. The whole record of the resumption of jagir of Ex -Jagirdar Madho Singh Vakey Bilara was with the Jagir Commissioner. During the process of enquiry the Jagir Commissioner made a detailed enquiry about the jagir of Deewan Madho Singh and framed three questions (1) jagir which is in grant of Deewan (2) jagir which is in the name of Aimataji and (3) other lands and after due enquiry it was held that the land belonging to jagir shall be resumed and the land belonging to Aimataji Vakey Bilara shall be exempted from the resumption and vide Jagir Commissioner order dated 3.1.1958 it was held that Bewari Rodawa situated in Pali shall be resumed. However, inspite of efforts, petitioner could not get the certified copy of separate order, if any dated 3.1.1958, but the compliance order in pursuance of order dtd.3.1.1958 was issued on 12.9.1958 . (g) So far as finding of Bera Rodawa Bawadi is concerned, the same is given at page 7. Bera Rodawa Bawadi was held to be in personal Jagir of Deewan not the property of Aimataji. (h) As such the above land was Jagir land as defined under Sub -section 22 of Section 5 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act of 1955) of the then Jagirdar Vader Bilara Deewan Madho Singh. This personal Jagir of Deewan Madho Singh stood resumed by proceedings under the Rajasthan Land Reforms and Resumption of Jagirs Act. (i) The petitioner Ghanshyam Singh was the tenant in the aforesaid Jagir land of Deewan Madho Singh and consequent to the resumption of the Jagir since he was in continuous cultivatory possession of the aforesaid land much prior to the relevant date, the right as a khatedar tenant stood accrued and conferred upon him by operation of law automatically and hence he moved an application for correction of the Revenue Record. Since this application related to the Tehsil Pali, the same was sent to the Settlement Officer to the Assistant Land Record Officer, Pali wherein the Kamdar, Toshakhana Badher also filed an application admitting the claim. The learned Assistant Land Record Officer recorded evidence of Jawan Singh and Bhagwati Lal and also perused the relevant Revenue record including the Revenue record Girdawari of samwat year 2009 -2015. The learned Revenue ordered that the petitioner Ghan Shyam Singh be entered as a khatedar tenant and in place of Deewan Hari Singh, Deewan Madho Singh be entered as Jagirdar. (j) Consequent to this decision, the record was duly corrected and the petitioner continued to be in possession as a khateadr tenant and Parcha lagan was issued in the name of Ghan Shyam Singh and Jamabandi continued in the name of the petitioner till 1968. (k) Thereafter when the petitioner's name was omitted from the Revenue record, the petitioner filed a Revenue suit under Section 88 of the Act, which was decreed in his favour on 24.4.1973 by the Assistant Collector, Pali. Out of 34 bighas and 0.5 biswas of land in question, the petitioner is said to have sold 22 bighas and 6 biswas of land of survey No. 1422 by registered sale -deed dtd.11.6.1984 in favour of one Sh. Shakti Nagar Housing Cooperative Society Limited, Pali, which is another petitioner before this Court in writ petition No. 2834/1997, which is also being disposed of by this common order. The petitioner has further averred in para 16 that despite the private respondents having tried to seek reference to the Board of the Revenue under Section 232 of the Act through Collector, Pali vide reference No. 54/87, but the same was dismissed by the learned Collector, Pali vide order dtd.23.4.1991. Another reference, namely, 18/87 in which it was claimed that the land in question belonged to deity Aimataji situated at Bilara was also dismissed on 23.4.1991.
(3.) THE petitioner has also stated in para 19 of the writ petition that another suit has been filed on behalf of deity Aimataji through various persons belonging to Sirvi caste, which is registered as Suit No. 1/84, which is still pending with the SDO, Pali.;