The failure to bring the legal representatives of a deceased appellant on record within 90 days of death results in the automatic abatement of the appeal, and any judgment or decree passed thereafter is null and void.

1. - Shri Binja filed an application under section 180(1)(b) of the Rajasthan Tenancy Act, 1955 thereinafter referred to as (1955 Act') for ejectment of Sheodan from the land falling in khasra numbers 1097 and 1082 situated in village Malpur, Tehsil Khetri District Jhunjhunu. It was stated in the said application that Binja who was khitedar, had given sub lease of khasra No. 1097 in Samwat 2002 on payment of rent at the rate of Rs. 11/- on year to year basis. Land in Khasra No. 1082 was sub-let to Sheodan in Samwat 2010 and he agreed to pay total rent of Rs. 30/- on year to year basis for lands falling in both khasras referred to herein above. It was stated that Sheodan had failed to pay rent for Samwats 2014 and 2015 and therefore he was liable to be ejected.

2. This application filed by Binja was resisted by Sheodan and the same was treated as a suit under section 182(3) of 1955 Act.

3. Sheodan filed a written statement in the court of Sub Divisional Officer Khetri. Therein he admitted that Binja had given the lands falling in khasra numbers 1097 and 1082 to him on lease. He however asserted that it was a perpetual lease and not a sub-lease on year to year basis as alleged in the application. He asserted that he had acquired occupancy rights in the lands falling in the two khasra numbers and therefore he could not be ejected. He claimed that he had acquired khatedari rights under section 19 of 1955 Act.

4. The Sub Divisional Officer, Khetri framed 9 issues. The Sub-Divisional Officer, Khetri concluded that the applicant had failed to establish that the sub-lease was on year to year basis and he therefore dismissed the suit on 7.10.1969.

5. During the pendency of suit Binja had died and therefore his legal representatives Kurda S/o Shri Binja, Parli D/o Shri Binja and Subhas S/o Shri Khurda were brought on record. Subsequently Kurda also died. His legal representatives Sultan, Subhash, Mahendra, Ramavtar all sons of Kurda Bhagdi W/o Kurda, Mst. Nandkaur W/o Ram Swaroop and Savitri W/o Umrao Singh were brought on record.

6. Against the judgment and decree of the Sub-Divisional Officer, Khetri appeal was filed before the Revenue Appellate Authority II Jaipur.

7. The appeal was allowed by the Revenue Appellate Authority II, Jaipur vide its judgment dated 6.3.1973. The judgment and decree passed by the Sub-Divisional Officer, Khetri was set aside and the suit filed against Sheodan was decreed for his ejectment and for restoration of possession to appellants.

8. Sheodan preferred second appeal before the Board of Revenue under section 2 [sic 224 (2)] of 1955 Act. The Board of Revenue held that although Sheodan did not acquire khatedari rights under section 19 of 1955 Act but he became a khatedar under Section 15 of the Act of 1955. The Board of Revenue observed that name of Sheodan had been shown as tenant in Ex P.2 and Ex.D.3. The name of Binja (plaintiff) was shown as tenant in the record against other khasra numbers but not in respect of disputed khasras. Thus Sheodan was not merely a sub-tenant at the commencement of the Act of 1955 and the bar contained in section 3(4) read with section 45 would not be attracted.

9. The petitioners filed a review petition before the Board of Revenue alleging that appellant Sheodan had died during the pendency of appeal but his legal representatives were not brought on record and therefore, the appeal could not nave been decided on merits and ought to have been dismissed as having abated in toto. Likewise Mst. Parli had also died during the pendency of appeal but no application bringing her legal representatives on record had been filed. It was further alleged that the Board could not have made out a new case of khatedari rights under section 15 of the Act in favour of Sheodan.

10. The review petition has been dismissed by the Board of Revenue vide its order dated 24-4-1978.

11. The Board has held that after the death of Sheodan on 19-1-1976 an application dated 22-7-1976 was filed by one Sarda