BHAGWANDAS Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India wherein the petitioner seeks to q lash the judgment of the Board of Revenue dated 7 -8 1972.

(2.) THE facts giving rise to this petition are as under. The petitioner filed a suit on 29th of June, 1966, in the court of the Assistant Collector Deedwana for perpetual injunction praying that respondents Nos. 2 and 3 be restrained from dispossessing the petitioner. The defendants in their written statement contested the claim of the plaintiff -petitioner. On the pleadings of the parties the learned Assistant Collector framed the following three issues:

(3.) THE plaintiff -petitioner felt aggrieved by this order and so went in second appeal before the Board of Revenue challenging the order of remand as well as to the order of appointment of Receiver. The Board of Revenue registered the appeal and disposed it on the preliminary point that the same was not competent as it was not accompanied by a decree sheet. It consequently dismissed the second appeal by its impugned Ex. 2 dated 7 -8 -2.