SMT. KAMLESH Vs. RANJEET SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 14.10.16 passed by the Board of Revenue Rajasthan, whereby the revision petition preferred by the petitioner against the order dated 21.1.14 passed by the Revenue Appellate Authority (RAA), Sri Ganganagar, affirming the order dated 21.6.13 passed by the Sub Divisional Officer (Revenue), Sri Ganganagar, rejecting an application preferred by the petitioner under Section 212 of the Rajasthan Tenancy Act, 1955 (for short "the Act"), stands dismissed.

(2.) The relevant facts are that the petitioner filed a suit under Section 88, 91, 188 and 92A of the Act against the first respondent, her father, in respect of the agriculture land 0.682 hectare comprising murabba no.1 kila no.16, 17, 23 to 25, khata no.26/26 in chak 4E Chhoti. It was alleged that vide document dated 18.8.11, out of 2.14 bighas land, 1/7th share was given by the first respondent to the petitioner, for her maintenance. The petitioner also filed an application under Section 212 of the Act seeking temporary injunction.

(3.) The application seeking temporary injunction was dismissed by the revenue court observing that the father of the petitioner is alive and during his lifetime, the petitioner cannot claim any right in the property in question. The court observed that the matter with regard to the petitioner's share, if any, shall be decided after framing the issues and recording the evidence but in any case, no injunction can be issued against the recorded khatedar.