CHANDER Vs. CHANDAN

JUDGEMENT

(1.) This petition is filed seeking quashing of the order dtd. 30/4/2019 passed by the Board of Revenue, Ajmer (for short 'the Board') accepting the revision filed by respondent Nos. 1 to 3 (hereinafter referred to as 'the respondents').

(2.) The issue involved is of condoning the of delay of more than thirty five years in filing the appeal.

(3.) The relevant facts are that the dispute relates to land bearing Khasra Nos.36/1.16, 37/1.15, 38/1.7, 39/1.8 and 40/1.13, situated at Khera Brahmin, Tehsil Deeg. In the year 1969, father of the respondents filed a suit for declaration. It was pleaded that on the basis of agreement executed between the parties, in Samwat 2010 (year 1953) the fathers of the petitioners through patta gave khatedari rights and possession of the land-in-question to the father of the respondents and since then he was in cultivating possession. The compromise between parties relied upon in the suit, was verified by the deposition of the witness-Nathi. As per compromise, the possession of the land-in-question was with the father of the respondents in the capacity of khatedar tenant since Samwat 2010. The suit was decreed on 13/7/1970. The petitioners in the year 2016 filed an appeal against the judgment and decree along with an application for condoning the delay of more than thirty five years. The Appellate Authority vide order dtd. 9/7/2014 condoned the delay. The revision filed by the respondents was accepted by the Board on 30/4/2019 and the order of condoning the delay was set aside. Hence, the present petition.