SHANTI LAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This intra-court appeal has been preferred to challenge the judgment dated 6.8.2009 passed by the Single Bench of this Court by which the appellant's writ petition no.4300/2005 has been dismissed.

(2.) Brief facts of the case are that the plaintiffsrespondents nos. 3 and 4 filed the suit for declaration and injunction under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act of 1955 for short) against their father appellant (defendant) on the ground that the land in question is ancestral land. According to the respondents nos. 3 and 4 after the death of their grand-father Mohan Lal, the property devolved upon the respondents nos. 3 and 4 and upon the appellant ( father of the respondents nos. 3 and 4), therefore, they may be declared Khatedar tenant of the land in question.

(3.) They also sought the relief of injunction against their own father the appellant that the appellant may not interfere in the peaceful possession of the respondents nos. 3 and 4 over the land in question. In the suit before the Asstt. Collector, the present appellant filed a written statement and raised objection that his sister Kamla being the daughter of deceased Mohan Lal the ancestor of the parties to the suit was a necessary party. The issue on this objection was also framed by the trial court. The trial court dismissed the suit of the respondents nos. 3 and 4 vide judgment and decree dated 2nd Sept., 1996 wherein one of the issue was that the plaintiffs ( respondents nos. 3 and 4 ) have not impleaded Kamla the daughter of the ancestor of the parties. The trial court decided the issue no. 1 against the respondents nos. 3 and 4 (plaintiffs) which was about plaintiff's right in the property after the death of their grand-father and also decided the issue of injunction against the plaintiffs- respondents nos. 3 and 4. The plaintiffs respondents challenged the judgment and decree of the trial court before the Revenue Appellate Authority, Pali, who allowed the appeal and set aside the judgment and decree of the trial court and order to implead Kamla as party in the suit and remanded the matter for re-trial by judgment and decree dated 20.10.2000.