SANTOSH Vs. TELARAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging order dated 07.09.2016 passed by the Board of Revenue, Ajmer (for short 'the Board of Revenue') whereby revision petition filed by the petitioners has been dismissed and order dated 13.05.2015 passed by Sub Division Officer, Dataramgarh, District Sikar(for short 'SDO') allowing application under Order 1, Rule 10 CPC, has been affirmed.

(2.) Applicant Sitaram filed the aforesaid application under Order 1, Rule 10 CPC seeking his impleadment in the revenue suit pending before the SDO on the ground that he has purchased part of the disputed land. SDO vide order dated 13.05.2015 allowed the application. The petitioners being aggrieved filed revision petition before the Board of Revenue which was dismissed vide order dated 07.09.2016.

(3.) Learned counsel for the petitioner argued that the applicant Sitaram is a subsequent purchaser and a stay order was operating against alienation of the lands in question. Therefore, the subsequent purchase of the disputed land by Sitaram was barred by Section 52 of the Transfer of Property Act which has not been considered by the courts below. Impleadment of the applicant Sitaram would amount to multiplicity of the litigation.