FAKIRA Vs. BOARD OF REVENUE RAJASTHAN

JUDGEMENT

(1.) THIS petition for a writ of certiorari is directed against the appellate judgment Ex. F of the Board of Revenue dated 8-11-1967, by which the petitioners' first appeal has been dismissed on the ground that it had abated on the death of Aladin who was one of the co-appellants.

(2.) THE suit giving rise to the impugned judgment was instituted in the court of Sub-divisional Magistrate, Ratangarh, for the ejectment of Fakira, Aladin and Ladu as trespassers. It was dismissed by judgment Ex. D of the Sub-divisional Officer dated June 24, 1963. THE plaintiffs filed an appeal before the Revenue Appellate Authority. It was allowed by judgment Ex. B dated May 14, 1964, and the suit was decreed for ejectment of the defendants from the suit land All the three defendants Fakira, Aladin and Ladn filed a second appeal to the Board of Revenue. Aladin died on 15-4-1966, during the pendency of the appeal, and his name was struck off from the array of the appellants on an appellants on an application of appellant Fakira. An objection was then raised against the maintainability of the appeal, and the Board of Revenue dismissed the appeal as aforesaid by its impugned judgment Ex. F dated November 8, 1967 holding that Ladu, who was admittedly the son of the deceased Aladin, was not has sole heir and could not represent his other eight heirs. A review petition was filed against that judgment, but it was dismissed on December 20, 1967, by judgment Annexure G and this is how Fakira and Ladu have approached this Court for a writ of certiorari.

(3.) IN view of the above decisions of their Lordships of the Supreme Court, which declare the law on the subject, we have no doubt that as Ladu, who was one of the legal representatives of Aladin, was already on the record as an appellant in the second appeal before the Board of Revenue, it was not permissible for the learned members of the Board to hold that the appeal had abated, and we have no doubt that their impugned judgment suffers from an error of law apparent on the face of the record, which must be corrected by way of certiorari.