Dismissed

Khem Chand and Ors. v. Budhi Lal and Ors.

Rajasthan HC14 Feb 2024EXFA/4/2011

Case brief

AI extract

What is this about?

This High Court of Rajasthan dismissed a Civil Revision Petition and Execution First Appeal challenging the dismissal of objections to a land survey. The court held that since the Tehsildar demarcated the land in the presence of revenue officials without objection, the impugned orders were valid and lacked merit. Both appeals were dismissed.

What did the court decide?

Civil Revision Petition No. 130/2008 and Execution First Appeal No. 4/2011 were dismissed.

Khem Chand and Ors. Vs Budhi Lal and Ors. — Execution and Attachment | Rajasthan HC (2024)

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[2024:RJ-JP:7461]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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

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Budhi Ram (since deceased)

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1/1. Deendayal S/o Sh. Buddhi Lal, aged about 54 years, R/o Nadbai, Distt. Bharatpur.

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1/2. Pavan Kumar S/o Sh. Buddhi Lal, Aged About 44 Years, R/o Laxman Jhula, Podi Gadhwal Rishikesh, Uttrakhand249302

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----Petitioners

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Versus

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Ramji Lal S/o Ram Charan, R/o Katra Nabhi, District Bharatpur.

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Mahesh Chand S/o Ramji Lal, R/o Katra Nabhi, District Bharatpur

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Jugal Kishore Son Of Ramji Lal, R/o Katra Nabhi, District Bharatpur.

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Pradeep Kumar S/o Ramji Lal, R/o Katra Nabhi, District Bharatpur

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Shiv Charan S/o Lekhraj Since Deceased, Through His Legal Representative,

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5/1. Smt Bhagwati Devi (Deceased)

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5/2. Hem Chand, R/o

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5/3. Indrapal (Deceased), Represented By

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5/3/1. Munni Devi W/o Indrapal, R/o Kasganj Road, Behind Agarwal Dharmshala, Nadbai Distt. Bharatpur.

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5/3/2. Manoj S/o Indrapal, R/o Kasganj Road, Behind Agarwal Dharmshala, Nadbai Distt. Bharatpur.

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5/3/3. Deepesh S/o Indrapal, R/o Kasganj Road, Behind Agarwal Dharmshala, Nadbai Distt. Bharatpur.

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5/3/4. Pradeep S/o Indrapal, R/o Kasganj Road, Behind Agarwal Dharmshala, Nadbai Distt. Bharatpur.

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5/3/5. Anuj S/o Indrapal, R/o Kasganj Road, Behind Agarwal Dharmshala, Nadbai Distt. Bharatpur.

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5/4. Mahesh Kumar, R/o

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5/5. Usha, R/o

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5/6. Rajesh Kumar, All Widow Sons And Daughter Of Late Shri

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[CR-130/2008]

Shiv Charan R/o Katra, Nadbai, District Bharatpur.

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Krishna Gopal Alias Kishan Gopal S/o Shri Natthi Lal, Since Deceased Through Legal Representatives

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6/1. Bal Kishan (Deceased), R/o Kherapati Mohalla, Bharatpur.

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6/2. Vijay Laxmi D/o Kishan Gopal, R/o Kherapati Mohalla, Bharatpur.

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6/3. Krishna Kumar Kaushik S/o Shri Krishna Gopal, Since Deceased Through His Legal Representatives

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6/3/1. Mamta Kaushik Widow Of, R/o Kherapati Mohalla Bharatpur.

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6/3/2. Prashan S/o Late Shri Krishna Kumar Kaushik, R/o Kherapati Mohalla, Bharatpur.

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Onkar Nath Sharma, Advocate Receiver Appointed In Insolvency Proceedings No. 2/63, Civil Court, Bharatpur.

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Tehsildar Nadbai, District Bharatpur.

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----Respondents

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Connected With

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S.B. Execution First Appeal No. 4/2011

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Khem Chand Son of Shri Madan Lal (Died) Now Represented By:

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1/1. Smt. Omwati Jain Wife of Late Khem Chand,

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½ Mukesh Jain son of Late Khem Chand,

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1/3 Vinay Jain son of Late Khem Chand,

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¼ Harish Jain son of Late Khem Chand,

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1/5 Ajay Jain son of Late Khem Chand,

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1/6 Babita Agarwal daughter of Late Khem Chand,

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1/7 Aarti Agarwal dauther of Late Khem Chand,

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All resident of Katra Nadbai, Tehsil Nadbai, District Bharatpur.

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Mukesh Kumar son of Khem Chand,

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Vinay Kumar son of Khem Chand,

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Harish son of Khem Chand,

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Ajay son of Khem Chand,

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All resident of Katra Nadbai, Tehsil Nadbai, District Bharatpur.

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----Petitioners

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Versus

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Budhi Lal son of Shri Balloram, R/o Nadbai, Tehsil Nadbai, District Bharatpur. (died)

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1.1 Deendyal son of Buddhilal,

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[CR-130/2008]

1.2. Pawan Kumar son of Buddhilal

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Both R/o Nadbai, Tehsil Nadbai, District Bharatpur.

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Tehsildar, Nadbai, District Bharatpur.

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Shri Puran Chand Gupta, Tehsildar, Nadbai, District Bharatpur.

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----Respondents

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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

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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.

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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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[CR-130/2008]

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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.

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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.

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

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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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[CR-130/2008]

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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.

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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.

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I have considered the arguments advanced by learned counsel for the petitioners, learned counsel for the appellants and learned counsel for the respondents.

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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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[CR-130/2008]

Execution First Appeal being devoid of merit, are liable to be dismissed, which stand dismissed accordingly.

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

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(NARENDRA SINGH DHADDHA),J

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Jatin /AVG/4-5

Khem Chand and Ors. v. Budhi Lal and Ors.

Case brief

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Khem Chand and Ors. v. Budhi Lal and Ors.

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