KESARI DEVI D/O JWALA PRASAD W/O LATE NARAYAN, BY CASTE BRAHMIN, R/O VILLAGE GHOTHDA, TANGELAN, DISTRICT SIKAR Vs. RANVEER SINGH S/O OMPRAKASH, BY CASTE JAT, R/O KHICHRO KI DHANI, TEHSIL LAXMANGARH, DISTRICT SIKAR AND ORS.

JUDGEMENT

(1.) This writ petition seeks to challenge order dated 12.08.2016 passed by the Board of Revenue, Ajmer (for short 'the Board of Revenue') whereby revision petition filed by the petitioner has been dismissed and order dated 11.07.2016 passed by Sub Divisional Officer, Laxmangarh, Sikar (for short 'the SDO') has been affirmed.

(2.) The SDO by the aforesaid order rejected application filed by the petitioner Kesari Devi under Order 1, Rule 10 CPC for impleadment in the revenue suit filed by Respondents No. 1 and 2. The aforesaid revenue suit was filed by Respondents No. 1 and 2 for declaration, injunction and partition with respect to land bearing Khasra No. 841 admeasuring 7.43 hectares.

(3.) Learned counsel for the petitioner submitted that the disputed land was originally entered in the khatedari of Jwala Prasad, who had two daughters namely Banarsi Devi and Kesari Devi(Petitioner) and one son namely Shankar Lal. Shankar Lal had two daughters namely Jhimku Bai and Nani Bai and one adopted son namely Sharwan. Jhimku Bai and Nani Bai got the mutation No. 1188 entered in their favour with regard to half share each. Their aunt Banarsi Devi filed a revenue suit before SDO, Fatehpur, which was decreed in her favour vide judgment dated 05.02.1999 whereby mutation No. 1188 was set aside and it was declared that Banarsi Devi and Kesari Devi were entitled to share each and Jhimku Bai and Nani Bai and Sharwan were entitled to 1/9th share each. Even then, Jhimku Bai sold half share of the disputed land in favour of Respondents No. 1 and 2, who filed present revenue suit. In that revenue suit, the petitioner filed application under Order 1, Rule 10 CPC for impleadment as party respondent defendant. The petitioner has also separately filed civil suit for setting aside sale deed.