DEVI SINGH Vs. KARAN SINGH AND ORS.

JUDGEMENT

(1.) SINCE the controversy involved in both the petitions is identical, they are being decided by this common order. However, the facts of SBCW P. No. 5022/2014 are taken into consideration.

(2.) THIS petition has been filed assailing the order dated 2.1.2014 passed by the Board of Revenue, Rajasthan, Ajmer (hereinafter 'the Board') allowing the revision filed by the respondent - plaintiff -non -applicant (hereinafter 'the non -applicant') one Karan Singh against the order dated 31.1.2012 passed by the SDO, Weir whereby he had allowed the petitioner -defendant - -applicant's (hereinafter 'the applicant') application under Order 1 Rule 10 CPC to be impleaded in a suit by the non -applicant for declaration, partition, possession and permanent injunction filed under sections 188, 88, 89 and 53 of the Rajasthan Tenancy Act, 1955 (hereinafter 'the Act of 1955').

(3.) THE case of the plaintiff non -applicant in his suit under sections 53, 188, 88 and 89 of the Act of 1955 before the SDO, Weir was that he was the son of one Nidan Singh, as were the defendants Bijendra Singh and Laxman Singh. Nidan Singh was the erstwhile khatedar of the suit lands as detailed in the plaint spread over several Khasras, including khasra No. 62/2 to an extent ad -measuring 2 Bigha 14 biswas. It was submitted that subsequent to the death of Nidan Singh, the plaintiff was sought to be denied his rights in the suit land on or about 2.7.2011 and hence joint khatedari was required to be divided by way of partition, he be put into possession of his share and the defendants restrained from interfering in his share of land as determined and delivered by the Court. Hence the suit for partition, declaration and permanent injunction.