BHANWAR SINGH Vs. PYARI BEN

JUDGEMENT

(1.) By way of present writ petition, the petitioner has challenged the order dtd. 21/2/2025, passed by the learned Board of Revenue, Ajmer affirming the order dtd. 19/11/2024 passed by the Assistant District Collector, Sanchore, in Revenue Suit No.56/2023, whereby his application under Order XXXIX Rule 7 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') has been rejected.

(2.) Briefly narrated, facts appertain are that the petitioner has filed a revenue suit for declaration of khatedari rights and permanent injunction under Sec. 88 and 188 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the 'Act of 1955') with an assertion that the respondent-defendents are likely to dispossess him from the property in question.

(3.) Alongwith the suit aforesaid, the petitioner had also filed an application for temporary injunction under Sec. 212 of the Act of 1955. During the pendency of application for temporary injunction, the petitioner moved an application under Order XXXIX Rule 7 of the CPC and prayed that a Commissioner be appointed to give a site report so as to ascertain the factual position in relation to possession of subject land.