We have undivided agriculture Land in Government Records, but have physical partition on the Site by the fencing since 1960.
The Brief History of the Issue is:-
1. 'A' was the first Tenant of 64 Bigha before 1960.
2. He gifted his land to his two sister's son - 1/4 part of his land to B and 1/4 party of his land to C. The interesting point is that in olden times the elder son name is given for tenant in government records - not the younger son.
3. A, B and C became the Tenants in Settlement of the 1961.
4. A Sold his 1/4 part of his land to his Brother - D in 1981 and remaining land given through his will to other younger brother son "E" in 1983. I am 'E' in the land have Agriculture farm.
5. In 1/4 part of the Land of B - there are two part of land that is 1/8 and 1/8 that was occupied by his younger brother, with agriculture activities since last 50 years, without his name in the Government Records. The Land has fencing individually.
5a. There is mutual dispute between the "B-Brothers" in the Gifted part of 1/4 part of land since last 17 years - with none of the others tenant are the party in the case. The appeal is pending in the High Court. B don't want to give the share to his brother due to no name in the Government Records.
6. "C-Brothers" sold their land in 2005 by making Residential Plots in his 1/4 part of land.
7. In 2004 'B' filed a partition suit claiming that there is no partition in whole 64 Bigha and are doing Agriculture activities Jointly in SDO Court - whereas we have already partition land on the Site.
8. Due to appeal of B-Brothers is pending in the High Court - The B himself is claiming the tenancy rights in 1/4 rather than 1/8 by the decision of lower court.
9. Due to there mutual disputes they appealed in Revenue Board of Rajasthan and the File has been called there under their application under Rule 7 of subsection 11 of 151 cpc.
Now, my question is that:-
- We have no concern with the mutual disputes of B-Brothers, but the proceeding in SDO Court is being delayed since last several years. Due to Stay orders by SDO Court we cannot use our property for non-agricultural activities.
- Under what law I can claim with application at Revenue Board of Rajasthan that the disputes of B-Brothers is second stage of Partition.
- There should be no hearing of B-Brothers application in their 1/4 part until we have first stage of Partition of 64 Bigha between E-1/4; D-1/4; C-1/4 and B-1/4.
- How can we request that since the appeal is pending for B-Brothers in High Court, the partition of 1/4 part between B-Brother cannot be entertain in the particular case. Both B-Brother's 1/8 shares (that is 1/4) should Jointly separated with the partition of other tenant's 1/4 Shares in 64 Bigha in first Stage of Partition.
