G.K. Vyas, J. - (1.) In this special appeal filed under Rule 1374 of the Rajasthan High Court Rules and Section 18 of Rajasthan High Court Ordinance, 1949 read with Article 215 of the Constitution of India, the order dated 23.10.2017 passed by learned Single Judge in S.B. Civil Review Petition No. 163/2017 (Gurtej Singh v. Maghar Singh and Ors.) whereby review petition filed by the appellant was dismissed. The appellant has also assailed the order dated 19.05.2015 passed by learned Single Judge in SBCWP No. 3364/2015.
(2.) As per facts of the case, respondent-Maghar Singh filed a revenue suit under Sections 88 and 188 of the Rajasthan Tenancy Act before the Assistant Collector-cum-SDO, Hanumangarh to declare him "Khatedar" of land situated in Chak No. 3J DW Stone No. 91/232 ad-measuring 19 Bigha. In the suit, defendant Gurnam Kaur filed her written-statement/reply and after trial, the learned Assistant Collector, Hanumangarh dismissed the suit of the respondent No. 1 vide its judgment and decree dated 17.03.2011. In the suit, the respondent No. 1 Maghar Singh pleaded that he is son of Natha Singh and after death of his father, Natha Singh, his mother, namely, Gurnam Kaur, solemnized marriage with Jai Singh. At the time of marriage of his mother, three issues were already there.
(3.) As per respondent-Maghar Singh, he was adopted by late Sh. Jai Singh with whom his mother solemnized marriage after death of his father vide adoption deed dated 23.07.1968. It is also averred in the suit that a Will was executed in his favour along with his mother, Smt. Gurnam Kaur on 23.04.1973. In the said Will, Gurnam Kaur was given limited rights in the land in question for maintenance and all other rights were conferred to respondent Maghar Singh, therefore, the suit claiming "Khatedari" rights on the basis of adoption deed dated 23.07.1968 and Will dated 23.04.1973 executed by late Sh. Jai Singh in favour of Maghar Singh and his mother, Smt. Gurnam Kaur.;