Bhani Ram vs The Board Of Revenue ...
2025 Latest Caselaw 3787 Raj

Rajasthan High Court - Jodhpur

Bhani Ram vs The Board Of Revenue ... on 6 January, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:538-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                      D.B. Spl. Appl. Writ No. 144/2020

1.       Bhani Ram S/o Shri Sajanram, aged about 46 Years,
         resident       of   Dablibass         Pema,         Tehsil   and   District
         Hanumangarh.
2.       Ram Pratap S/o Shri Sajanram, aged about 43 Years,
         resident       of   Dablibass         Pema,         Tehsil   and   District
         Hanumangarh.
                                                                      ----Appellants


                                       Versus


1.       The Board of Revenue, Ajmer through its Registrar.
2.       Babu Lal S/o Shri Bhanwari Lal, resident of Surya Nagar,
         Rawatsar Road, Hanumangarh Town, Tehsil and District-
         Hanumangarh.
3.       Rajendra Kumar S/o Shri Banwari Lal, resident of Ward
         No.- 17, Near Kila, Rawatsar Road, Hanumangarh Town,
         Tehsil and District Hanumangarh.
4.       Indra Kumar S/o Shri Banwari Lal, resident of Ward No.-
         17, Near Kila, Rawatsar Road, Hanumangarh Town, Tehsil
         and District Hanumangarh.
5.       The Revenue Appellate Authority, Hanumangarh.
6.       The Assistant Collector and Sub-Divisional Magistrate,
         Hanumangarh.
7.       Banwari Lal S/o Shri Sajanram, resident of Dablibass
         Pema, Tehsil and District Hanumangarh.
                                                                    ----Respondents



For Appellant(s)             :     Mr. K.R. Saharan
For Respondent(s)            :     Mr. D.S. Pidiyar for
                                   Mr. S.S. Ladrecha, AAG
                                   Mr. Sushil Bishnoi with
                                   Mr. Rahul Mandan
                                   Mr. Lokesh Mathur




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 [2025:RJ-JD:538-DB]                   (2 of 3)                          [SAW-144/2020]


     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE MUNNURI LAXMAN Order

06/01/2025

1. Learned counsel for the appellants submits that the

appellants are the persons who entered into an agreement to sale

with Shri Indra Kumar for an undivided agricultural land ad

measuring 25 bighas comprising chak no.14JRK. He further

submits that he sought relief in the revenue suit on the ground

that the compromise was entered between the brothers and such

decree was obtained with an intention of defeating rights of the

present appellants.

2. Learned counsel for the respondents submits that there are

three consecutive judgments of the judicial and quasi-judicial

authorities including the Hon'ble Single Bench judgment dated

02.07.2019 of this Court whereby the appellants right of specific

performance for agreement has been saved keeping it open for

him to execute the same without entering into the inter se dispute

between the co-sharer.

3. This Court is of the firm opinion that the judgment impugned

are in accordance with law particularly when the appellants

himself has stated before the Hon'ble Single Bench that a suit for

specific performance preferred by him has been decreed in his

favour and he was only looking to enforce the decree in

accordance with law.

4. Thus, the dispute intermeddling the brothers need not be

gone into at this stage, no cause of interference is made out.

[2025:RJ-JD:538-DB] (3 of 3) [SAW-144/2020]

5. Accordingly, the instant Spl. Appeal (Writ) is dismissed. The

impugned order dated 02.07.2019 passed by the Hon'ble Single

Bench of this Court is upheld.

6. However, it is made clear that any observation hampering

the right of the appellants to get his decree of specific

performance that he already has in his favour as sustained in law

shall not be affected by the present order.

(MUNNURI LAXMAN),J (DR. PUSHPENDRA SINGH BHATI),J

45-Dharmendra Rakhecha/-

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