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Bhani Ram & Anr. vs. The Board of Revenue, Ajmer & Ors.

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Rajasthan Tenancy Act, 1955–Sec. 53–Trial Court decreed the suit for partition on the basis of compromise between the original co-shares by excluding the performa respondents who purchased the land from a co-sharer–Remand of matter by RAA for fresh consideration–BOR set aside the order
passed by RAA– Appreciation of–One co-sharer was not entitled to enter into the agreement of sale of the specified portion of land jointly held by all cosharers–Further more, it is always open for petitioners to enforce the decree of specific performance, if the suit has been decreed in their favour–Unregistered and insufficiantly stamped agreement to sell entered between the parties was not admissible in evidence–Held, no error was committed by BOR in setting aside the order passed by RAA.