RAMJI LAL Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) Instant petition is directed against order dt. 03/08/2009 (Ann.5) passed by SDO Bassi (Jaipur) accepting application filed by plaintiff U/s 5 of the Limitation Act seeking condonation of the delay in filing appeal.

(2.) Before the matter could proceed, revision petition was filed by petitioner before the Board of Revenue U/s 230 of Rajasthan Tenancy Act; that came to be dismissed vide order dt.30/08/2010 (Ann.8) against which review petition was filed which was also dismissed vide order dt.27/06/2011 (Ann.10).

(3.) It is relevant to record that respondent-3 is a widow of Narain, and as alleged, she was residing with her nephew Bhoriya who was issue less and after his death, she being an illiterate lady, it has been alleged that application was got signed from her with the bonafide belief that it has to be processed for recording mutation entry in her name and she was not aware at what point of time, mutation was opened on 17/06/1989 (Ann.1) in the name of petitioner who claims to be adopted son of Bhorya and when this fact came to her notice, appeal came to be filed by her assailing mutation (Ann.1) on 04/07/2008 and reasons were also assigned for the delay in filing appeal. After notice being served of the appeal preferred by respondent-3, petitioner filed detailed reply to the application U/s 5 of the Limitation Act.