VICHITRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the judgment and decree dated 31.5.1996 (Annex.13) passed by the Assistant Collector, Sangriya whereby the suit for division of holdings and for permanent injunction filed by one Jangir Singh has been decreed. The petitioner has also challenged the order dated 31.3.1998 (Annex.15) passed by the Revenue Appellate Authority, Hanumangarh and the order dated 20.4.1998 ((Annex.16) passed by the Board of Revenue Ajmer whereby appeals filed by the petitioner has been dismissed.

(2.) BRIEF facts of the case are that the respondent Jangir Singh filed a revenue suit before the Assistant Collector, Sangariya for division of holdings and for permanent injunction. The defendants in the said suit had not appeared despite service and as such ex - parte proceedings were drawn against them. The written statement was filed on behalf of the State wherein the State has admitted the averments of the plaint and the learned Additional Collector, Sangariya after recording the evidence of Jangir Singh and after taking into consideration the documentary evidence has decreed the suit vide its judgment and decree dated 31.5.1996.

(3.) THE learned counsel for the petitioner has raised similar arguments which have been considered and rejected by the Board of the Revenue. He has also submitted that when the petitioner has got land through Exchange Deed (Tabadalanama) from one of the co -tenants, he is entitled to prefer the appeal against the judgment and decree passed by the Assistant Collector, Sangariya in the suit filed by the respondent Jangir Singh and the learned court below has wrongly held that the petitioner has no locus standi to file the appeal against the impugned judgment and decree.