KARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions are directed against the judgment dated 30.6.2014 passed by the Board of Revenue, Ajmer ('Board'), whereby while the appeal filed by the petitioner against the judgment dated 30.4.2013 passed by the Revenue Appellate Authority, Sriganganagar ('RAA') has been dismissed, the appeal filed by the respondent No.4 Hardutt Singh against the same has been accepted.

(2.) The facts in brief as indicated by the petitioner in the writ petitions are that respondent No.5 Narendra Kumar was recorded khatedar of land ad-measuring 13 Bigha 15 Biswa2 situated at Village 2-E, Chhoti, Sriganganagar. Narendra Kumar entered into an agreement to sale dated 16.2.2010 favouring petitioner and respondent No.4 Hardutt Singh for land admeasuring 2 Bigha 12 Biswa. Narendra Kumar executed a sale deed dated 7.5.2010 in favour of Hardutt Singh for land admeasuring 1 Bigha 6 Biswa from out of land comprised in agreement to sale dated 16.2.2010. Whereafter, Hardutt Singh filed a suit No.55/2011 under Sections 53 & 88 of the Rajasthan Tenancy Act, 1955 ('the Act') before Sub-Divisional Officer ('S.D.O.') against Narendra Kumar and the State seeking partition based on possession.

(3.) The petitioner Karnail Singh filed an application under Order I, Rule 10 CPC, which application was rejected by the S.D.O. On 23.7.2012 and the suit was decreed on 14.9.2012. Whereafter, registered sale deed was also executed by Narendra Kumar in favour of the petitioner for remaining 1 Bigha 6 Biswa land pursuant to the agreement dated 16.2.2010. The petitioner filed appeal before the RAA questioning the rejection of his application under Order I, Rule 10 CPC and the decree passed by the S.D.O. in favour of Hardutt Singh.