Raghunath S/O Late Shri Ganesh vs Kanhaiya Lal (Deceased) S/O Late ...
2022 Latest Caselaw 7128 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 11141/2022

Raghunath S/o Late Shri Ganesh & Ors.
                                                                    ----Petitioners
                                     Versus
Kanhaiya Lal (Deceased) S/o Late Shri Nanga & Anr.
                                                                  ----Respondents

For Petitioner(s) : Mr. Munesh Bhardwaj For Respondent(s) : Mr. Prahlad Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

09/11/2022

Learned counsel for the petitioners/defendants submits that

the suit filed by the respondent/plaintiff for declaration/correction

of the revenue record and permanent injunction has been decreed

by learned revenue Courts without appreciating the recitals in the

registered sale deed dated 17.07.1991, which reflect purchase of

the subject land by four persons in equal shares. Inviting attention

of this Court towards the provisions of Section 92 of the Indian

Evidence Act, 1872, learned counsel submits that the learned

Court erred in relying upon oral evidence which was in

contradiction with the contents of the sale deed. He, therefore,

prays that the writ petition be allowed.

Per contra, learned counsel for the respondent No.1 submits

that there are concurrent findings of facts with regard to payment

of 50% of the sale consideration by the respondent No.1 as also

his possession over corresponding land. He, therefore, prays for

dismissal of the writ petition.

(2 of 2) [CW-11141/2022]

After taking into consideration the contentions advanced by

the learned counsels for the respective parties, the material on

record especially the contents of the sale deed dated 17.07.1991

and the provisions of Section 92 of the Indian Evidence Act, 1872,

this Court finds that the matter requires consideration.

Admit.

Notice need not be issued as the contesting respondent is

represented by his counsel.

Heard the learned counsels on interim relief.

Taking into consideration the contentions advanced by them

and the material on record, this Court deems it just and proper to

stay the operation and execution of judgment and decree dated

09.06.2022 by the learned Board of Revenue, Rajasthan, Ajmer in

second appeal No.5273/2019, till disposal of the writ petition. The

parties are further directed to maintain status quo qua the subject

land.

The civil miscellaneous stay application No.10964/2022

stands disposed of.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /156

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