A review petition cannot be used to raise new issues or introduce new facts that were not part of the original proceedings.

JUDGMENT :

Sangeet Lodha, J.

1. This intra court appeal is directed against order dated 5.3.2018 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant assailing the legality of compromise decree dated 19.4.2001 and order dated 8.11.2017 dismissing the review petition seeking review of order dated 19.4.2001 passed by the Board of Revenue, has been dismissed.

2. The appeal is reported to be barred by limitation for 59 days. It is accompanied by an application under Section 5 of Limitation Act. The application is not opposed by the counsel appearing for the respondents. Accordingly, the application is allowed. The delay in filing the appeal is condoned.

3. Heard the learned counsel for the parties.

4. The facts relevant are that the suit for eviction and possession preferred by Smt. Sunder and Smt. Mooli against respondents herein in respect of the land measuring 1 bigha 12 biswas comprising khasra No. 224, 5 bighas and 12 biswas comprising khasra No. 225, 11 biswas comprising khasra No. 226 and 6 bighas and 19 biswas comprising khasra No. 227, total 14 bighas and 14 biswas, situated in revenue village Ramganj, Tehsil Bundi, was dismissed by the Deputy District Collector, Bundi vide judgment and decree dated 21.4.1990. Aggrieved thereby, an appeal preferred by Smt. Sunder and Smt. Mooli was allowed by the Revenue Appellate Authority, Kota vide judgment and decree dated 25.3.1997 and accordingly, the defendants-respondents were directed to be evicted from the disputed land and the possession thereof was directed to be handed over to the plaintiff Smt. Sunder and Smt. Mooli.

5. Aggrieved thereby, the respondents herein filed appeal before the Board of Revenue Rajasthan. During the pendency of the appeal, Smt. Sunder and Smt. Mooli, the original plaintiffs, expired. On the strength of the Will executed by Smt. Sunder and Smt. Mooli, the appellant herein was substituted as respondent in the appeal. The appellant entered into compromise with the respondents relinquishing his claim over the disputed land and preferred an application for setting aside the decree dated 25.3.1997 passed by the Revenue Appellate Authority and prayed for entering the disputed land in the revenue record in the names of the respondents. The appeal preferred by the respondents was accordingly disposed of by the Revenue Board in terms of the compromise arrived at vide order dated 19.4.2001. The decree under the appeal was set aside and the respondents were declared khatedar tenant of the disputed land.

6. After a lapse of about 14 years, the appellant preferred a petition seeking review of compromise decree dated 19.4.2001 on the ground that the appellant and his predecessor in title were the members of the Scheduled Caste, whereas the respondents belong to the caste other than Scheduled Caste and therefore, the compromise decree passed in their favour is void by virtue of provisions of Section 42 of Rajasthan Tenancy Act, 1955, which prohibits transfer of the land belonging to Scheduled Caste/Scheduled Tribe in favour of a person who is not member of Scheduled Caste or Scheduled Tribe. The review petition preferred was dismissed by the Board of Revenue observing that in the plaint filed and in the subsequent proceedings including the application seeking disposal of the appeal in terms of the compromise, the original plaintiff and the appellant herein have disclosed their caste as 'gawaar banjara' which does not fall within the Scheduled Castes. The Board observed that the appellant has not approached the Court with clean hands inasmuch as, if he had any objection regarding his caste, he could have raised the objection in this regard before the trial Court, the Appellate Court or the Board of Revenue at the appropriate stage. The Board opined that in absence of any error apparent on the face of record, the application preferred seeking review of the compromise decree cannot be entertained.

7. Aggrieved by the order passe