VIPIN JANGID BRAHMIN Vs. MAHENDRA JANGID

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging order dt.26/9/2017 passed by the Board of Revenue whereby the revision petition filed by the private-respondent has been allowed and order of the Additional Collector, Sikar dt.2/8/2016 has been set aside.

(2.) Brief facts are that the petitioner had filed a suit for declaration, partition and permanent injunction under Sec. 88, 183 and 288 of the Rajasthan Tenancy Act, 1956 and Sec. 136 of the Land Revenue Act, 1956.

(3.) The respondents during pendency of suit filed an application under Order 7 Rule 11 CPC. It was pleaded on their behalf that suit filed by the petitioner may be dismissed. It was pleaded that father of the petitioner had already filed a suit which was dismissed on 24/6/2016 and further the relinquish deed was also executed on 8/11/2006 in favour of brother of the petitioner-Shankarlal. The application further made a mention that since the petitioner had relinquished his rights, there was no cause of action in the suit and as such in absence of cause of action, the suit was liable to be dismissed.