LAWS(RAJ)-2019-12-72

JAY SINGH JAT Vs. BOARD OF REVENUE

Decided On December 11, 2019
Jay Singh Jat Appellant
V/S
BOARD OF REVENUE Respondents

JUDGEMENT

(1.) The writ petition at hand has been preferred against the order dated 3.1.2019, passed by the learned Board of Revenue, Ajmer (hereinafter referred to as 'the Board'?), vide which revision petition filed by the petitioner under Section 230 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955 "?), has been dismissed, inter alia, observing that the appeal before the Revenue Appellate Authority was not maintainable.

(2.) The facts appertain to the present writ petition are that the petitioner filed a suit for declaration under Section 88 of the Act of 1955, with an assertion that the disputed property is an ancestral property and he be declared entitled for 1/3 share in such property.

(3.) An ad-interim injunction was granted in petitioner's favour on 17.9.2018, which was subsequently vacated by the Assistant Collector-Sub-Divisional Officer, vide order dated 20.9.2018 in pursuance of an application, which was filed by the present respondent No. 8 who contended that petitioner's father had sold the subject land to him. It was further asserted that the property in question was self acquired property of petitioner's father Shri Gugan Ram (respondent No. 4 herein).