RAMJILAL Vs. BOARD OF REVENUE RAJASTHAN AJMER

JUDGEMENT

(1.) THIS petition has been filed against the order dated 17.06.2011, passed by the Board of Revenue in a second appeal filed before it at the instance of the respondent Nos.2 to 6 under Section 224 of the Rajasthan Tenancy Act, 1955 (hereinafter 'the Act of 1955').

(2.) THE contention of the counsel for the petitioner is that even while the Board of Revenue refused to interfere in the appeal and dismissed it holding that a second suit filed by respondent Nos.2 to 6 was not maintainable in law, the Board of Revenue wrongly allowed the appellants therein Shri Gulla Ram & Ors. (herein respondent Nos.2 to 6) to withdraw the earlier suit No.83/2010 filed before the SDO, Amer and thereafter file a fresh suit including all the lands in dispute. Counsel would submit that the liberty granted by the Board of Revenue to the appellants before it was wholly without jurisdiction and the Board of Revenue ought to have confined itself to the subject matter of the appeal. It is submitted that the liberty granted by the Board of Revenue under its order dated 17.06.2011 of which the petitioner is aggrieved tantamounts to circumventing the provisions of Order 2 Rule 2 CPC.

(3.) THE petition is in the facts therefore deserving of dismissal with cost of Rs.10,000/- to be paid to the Rajasthan State Legal Services Authority. Copy of the order to Rajasthan State Legal Services Authority.