VIDYA DEVI AND ORS. Vs. CHAUTHA AND ORS.

JUDGEMENT

(1.) A challenge has been made to the order dated 31 -3 -2015 passed by the Board of Revenue Ajmer (hereinafter 'the Board'), whereby the Board even while holding that the revision petition filed by respondent before it was not maintainable, resorted to its superintending powers under Section 221 of the Rajasthan Tenancy Act, 1955 (hereinafter 'the 1995 Act') and set aside the ad interim orders dated 20 -1 -2014 and 4 -4 -2014 passed in two partition suits filed before the trial court.

(2.) MR . Sudesh Bansal, counsel for the petitioners -plaintiffs (hereinafter 'the plaintiffs') has submitted that a revision petition against ad interim orders passed by Sub Divisional Officer Chomu in the course of partition suits was not maintainable before the Board, as so held by it as the impugned order was appealable under Section 225 of the 1955 Act. He submitted that the resort to superintending powers of the Board under Section 221 of the 1955 Act was not available to the Board in the circumstances to circumvent the absence of jurisdiction in hearing a challenge to the impugned orders on the revision petition laid before it. Counsel submitted that the status quo order dated 20 -1 -2014 passed in the application under Order 39 Rule 1 & 2 CPC read with Section 212 of the 1955 Act in the suit laid by the plaintiffs was thus wrongly set aside by the Board, even while the said application was pending before the trial court for final adjudication.

(3.) HEARD learned counsel for the parties and perused the material available on record as also the provisions of Sections 225, 230 and Section 221 of the 1955 Act.