RAMTARAM GURU BHAGATRAM Vs. RAMESH CHAND

JUDGEMENT

(1.) This petition is directed against order dated 27.9.18 passed by the Board of Revenue Rajasthan, whereby a revision petition preferred by the petitioner against the order dated 13.8.12 passed by the Sub Divisional Officer (SDO), Chittorgarh, rejecting an application preferred by the petitioner/defendant seeking leave to amend the petition, has been dismissed.

(2.) The facts relevant are that Ramchandra s/o Nathulal, now represented by his legal heirs respondents no.1 to 6 herein, filed a suit under Section 88/188 of Rajasthan Tenancy Act, 1955 (for short "the Act") for declaration and injunction in respect of the land measuring 2.64 hectare comprising khasra no.1280, 1281, 1286 to 1292, 1294, 1295 and land measuring 0.48 hectare comprising khasra no.1257, 1284, 1285, 1293 of revenue village Chittorgarh, against his brother Shivnarayan and Badrilal, the son of his yet another brother Banshilal, on the strength of Will executed in his favour by his father Nathulal. The defendants Shivnarayan and Badrilal contested the suit by filing a written statement thereto. They also filed the counter claim claiming equal share in the disputed land.

(3.) During the pendency of the suit, plaintiff Ramchandra filed an application under Section 212 of the Act, seeking temporary injunction, which was dismissed by the revenue court observing that no injunction can be granted against the co-sharers of the land recorded in the revenue record. The defendants no.1 and 2 transferred 0.39 hectare land comprising khasra no.1284, 1285 and 1293 in favour of the petitioner herein by a registered sale deed dated 12.5.04. Thereupon, the plaintiff Ramchandra preferred an application to implead the petitioner herein as defendant in the suit. The application was allowed and the petitioner herein was impleaded as party defendant no.3. The petitioner filed the written statement claiming right and interest in respect of the land transferred to him by the defendant no.1 and 2 Shivnarayan and Badrilal as aforesaid.