Rajasthan High Court

Khem Chand And Ors vs Budhi Lal And Ors on 14 February, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:7461]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Civil Revision Petition No. 130/2008

1.       Budhi Ram (since deceased)
1/1.     Deendayal S/o Sh. Buddhi Lal, aged about 54 years, R/o
         Nadbai, Distt. Bharatpur.
1/2.     Pavan Kumar S/o Sh. Buddhi Lal, Aged About 44 Years,
         R/o Laxman Jhula, Podi Gadhwal Rishikesh, Uttrakhand-
         249302
                                                                  ----Petitioners
                                      Versus
1.       Ramji Lal S/o Ram Charan, R/o Katra Nabhi, District
         Bharatpur.
2.       Mahesh Chand S/o Ramji Lal, R/o Katra Nabhi, District
         Bharatpur
3.       Jugal Kishore Son Of Ramji Lal, R/o Katra Nabhi, District
         Bharatpur.
4.       Pradeep Kumar S/o Ramji Lal, R/o Katra Nabhi, District
         Bharatpur
5.       Shiv Charan S/o Lekhraj Since Deceased, Through His
         Legal Representative,
5/1.     Smt Bhagwati Devi (Deceased)
5/2.     Hem Chand, R/o
5/3.     Indrapal (Deceased), Represented By
5/3/1.   Munni Devi W/o Indrapal, R/o Kasganj Road, Behind
         Agarwal Dharmshala, Nadbai Distt. Bharatpur.
5/3/2.   Manoj S/o Indrapal, R/o Kasganj Road, Behind Agarwal
         Dharmshala, Nadbai Distt. Bharatpur.
5/3/3.   Deepesh S/o Indrapal, R/o Kasganj Road, Behind Agarwal
         Dharmshala, Nadbai Distt. Bharatpur.
5/3/4.   Pradeep S/o Indrapal, R/o Kasganj Road, Behind Agarwal
         Dharmshala, Nadbai Distt. Bharatpur.
5/3/5.   Anuj S/o Indrapal, R/o Kasganj Road, Behind Agarwal
         Dharmshala, Nadbai Distt. Bharatpur.
5/4.     Mahesh Kumar, R/o
5/5.     Usha, R/o
5/6.     Rajesh Kumar, All Widow Sons And Daughter Of Late Shri


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          Shiv Charan R/o Katra, Nadbai, District Bharatpur.
6.        Krishna Gopal Alias Kishan Gopal S/o Shri Natthi Lal,
          Since Deceased Through Legal Representatives
6/1.      Bal Kishan (Deceased), R/o Kherapati Mohalla, Bharatpur.
6/2.      Vijay Laxmi D/o Kishan Gopal, R/o Kherapati Mohalla,
          Bharatpur.
6/3.      Krishna Kumar Kaushik S/o Shri Krishna Gopal, Since
          Deceased Through His Legal Representatives
6/3/1.    Mamta       Kaushik       Widow        Of,     R/o     Kherapati   Mohalla
          Bharatpur.
6/3/2.    Prashan S/o Late Shri Krishna Kumar Kaushik, R/o
          Kherapati Mohalla, Bharatpur.
7.        Onkar Nath Sharma, Advocate Receiver Appointed In
          Insolvency Proceedings No. 2/63, Civil Court, Bharatpur.
8.        Tehsildar Nadbai, District Bharatpur.
                                                                     ----Respondents
                                  Connected With
                    S.B. Execution First Appeal No. 4/2011
1. Khem Chand Son of Shri Madan Lal (Died) Now Represented
By:
1/1. Smt. Omwati Jain Wife of Late Khem Chand,
½ Mukesh Jain son of Late Khem Chand,
1/3 Vinay Jain son of Late Khem Chand,
¼ Harish Jain son of Late Khem Chand,
1/5 Ajay Jain son of Late Khem Chand,
1/6 Babita Agarwal daughter of Late Khem Chand,
1/7 Aarti Agarwal dauther of Late Khem Chand,
  All resident of Katra Nadbai, Tehsil Nadbai, District Bharatpur.
2. Mukesh Kumar son of Khem Chand,
3. Vinay Kumar son of Khem Chand,
4. Harish son of Khem Chand,
5. Ajay son of Khem Chand,
     All resident of Katra Nadbai, Tehsil Nadbai, District Bharatpur.
                                                                       ----Petitioners
                                         Versus
1. Budhi Lal son of Shri Balloram, R/o Nadbai, Tehsil Nadbai,
District Bharatpur. (died)
1.1 Deendyal son of Buddhilal,

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1.2. Pawan Kumar son of Buddhilal
  Both R/o Nadbai, Tehsil Nadbai, District Bharatpur.
2. Tehsildar, Nadbai, District Bharatpur.
3. Shri Puran Chand Gupta, Tehsildar, Nadbai, District Bharatpur.
                                                                ----Respondents


For Petitioner(s)         :    Mr. L. L. Gupta, Adv. in S.B. Civil
                               Revision Petition No. 130/2008
                               Mr. Nitin Jain, Adv. in S.B. Execution
                               First Appeal No. 4/2011
For Respondent(s)         :    Ms. Anita Aggarwal, Adv. with
                               Mr. Laxmi Kant, Adv., Mr. Anubhav
                               Agarwal, Adv. & Mr. Vibhanshu
                               Sharma, Adv. in S.B. Civil Revision
                               Petition No. 130/2008
                               Mr. L. L. Gupta, Adv. in S.B. Execution
                               First Appeal No. 4/2011



     HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

                                Judgment

DATE OF JUDGMENT                                                14/02/2024

      Both revision petition and execution first appeal have arisen

out of the same order dated 04.09.2008 passed by District Judge,

Bharatpur in Civil Misc. Case No.10/77, hence, the arguments

have been heard and they are being decided together.

S.B. Civil Revision Petition No. 130/2008 - Learned counsel

for the petitioner submits that Kishan Gopal filed a petition for

declaration of insolvent. The said petition was decided vide order

dated 16.11.1963 and he was declared insolvent. The respondent

No.7-Onkar Nath was appointed as receiver, who attached the

land bearing Khasra No.2381/972 measuring 8 Biswas situated in

town Nadbai alongwith other property which was put to auction.

The petitioner-auction purchaser deposited 1/4th amount of

auction on 12.01.75. The respondent Nos.1 to 5 filed separate


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objections/applications against the auction of the said property.

The said objections were decided by the learned Additional District

Judge No.1, Bharatpur vide judgment dated 06.07.93 which were

dismissed and they preferred Civil Miscellaneous Appeals before

this Court, which were disposed of by a common order dated

11.02.2008 directing the District Judge, Bharatpur to send a

requisition to the Collector to appoint the Tehsildar alongwith his

subordinates to carry out the survey on the ground of Khasra

No.2381/972 situated in town, Nadbai.

      Learned counsel for the petitioner submits that Tehsildar on

16.06.2008 inspected and proceeded with the survey proceedings

in the presence of officials and submitted a report on 17.06.2008.

The petitioner being dissatisfied with the report submitted his

objection on 21.05.2008 that Tehsildar has shown the land of the

disputed Khasra number in the land of the railway track and some

part of the land have been occupied by raising the residential

constructions. So, survey was not properly conducted but learned

District Judge wrongly dismissed the objections filed by the

petitioner. So, order dated 04.09.2008 of the District Judge,

Bharatpur be set aside and Tehsildar, Nadbai be directed to submit

the fresh report after demarcation of the land.


S.B. Execution First Appeal No. 4/2011 - Learned counsel for

the appellants submits that Tehsildar had not surveyed the

disputed property as per the order of this Court dated 11.02.2008,

it was directed to demarcate the land on the basis of revenue

record of 1974 and revenue map but the Tehsildar had not

demarcated the land as per the revenue record of 1974 because


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records were not available in the file. Learned                  counsel   for    the

appellants also submits that the Tehsildar, Nadbai flouted the

order of this Court and demarcated the land as per the site-plan

produced by the Krishan Gopal. The Tehsildar had included the

land of the appellants in the survey report but learned District

Judge wrongly dismissed the objections filed by the appellants

under Order 21 Rule 97/101 CPC. So, order of the trial court be

set aside and matter be remanded back for fresh demarcation.

       Learned counsel for the respondents has opposed the

arguments advanced by learned counsel for the appellants and

submitted that the Tehsildar, Nadbai rightly demarcated the land

in the presence of the Revenue Officials. No objection was raised

at the time of the inspection. So, learned District Judge rightly

dismissed the objection filed by the petitioners as well as

appellants. So, the Revision Petition as well as the Civil Execution

First Appeal be dismissed.

       I have considered the arguments advanced by learned

counsel for the petitioners, learned counsel for the appellants and

learned counsel for the respondents.

This Court vide order dated 11.02.2008 ordered District

Judge, Bharatpur to appoint the Tehsildar for demarcation of the

land of Khasra No.2381/972 situated at town Nadbai. In

compliance of order of this Court, Tehsilder along with Revenue

Officials demarcated the land of Khasra No.2381/972. None

objected at that time. So, in my considered opinion, learned

District Judge rightly dismissed the objection raised by the

petitioners as well as appellants. So, Revision Petition as well as

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Execution First Appeal being devoid of merit, are liable to be

dismissed, which stand dismissed accordingly.

Pending application(s), if any, stand(s) dismissed.