Padam Singh vs Amar Singh & Ors on 2 November, 2010

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           SBCivil Writ Petition No.10131/2010



                          Padam Singh
                              v.
                       Amar Singh & Ors.



     Date of Order            ::          2nd November, 2010


               HON'BLE MR.JUSTICE GOVIND MATHUR


Mr. Himanshu Shrimali, for the petitioner.
Mr. Moti Singh, for the respondents.
                         ....


           By order dated 14.10.2010 learned Board of

Revenue,   Rajasthan,       Ajmer       rejected    the    application

preferred by the petitioner seeking transposition as

appellant.     Learned     Board    of    Revenue      held     that   the

petitioner is not a co-tenant in the land in question

and if he is claiming any tenancy right otherwise than

to the revenue records, he may agitate his cause by

way of taking appropriate legal course independently.



           While     challenging         the   order    impugned       the

contention of learned counsel is that the courts below

erred while appreciating the fact that the petitioner

is having deep interest with the land in question and

the land title vests with him.



           I    do   not   find    any    merit    in     the   argument

aforesaid.
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          It is not in dispute that as per revenue

records   the    petitioner       is     not     a    co-tenant         and,

therefore, if he is having any tenancy rights he have

to prove those by adducing his own evidence. For that

purpose   he    is    required    to     avail       his    own    remedy.

Learned   courts      below,     thus,      rightly        rejected      the

application.



          Accordingly, the petition for writ does not

require   any        interference      of      this        Court       while

exercising      powers     under       Article         227        of     the

Constitution of India. The same is dismissed.



                                               ( GOVIND MATHUR ),J.

kkm/ps.