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AVNEESH JHINGAN
Sundar @ Sundarlal – Appellant
Versus
Kajod – Respondent
ORDER :
Avneesh Jhingan, J.
This petition is filed aggrieved of order dated 14.03.2024 passed by the Board of Revenue, Ajmer (for short 'Board') in revision petition No.1697/2024 titled as Kajod v. Sundar @ Sundarlal.
2. The brief facts are that the petitioner filed a suit under the Rajasthan Tenancy Act,1955 (for short 'the Act') for partition and declaration. In an application filed under Order 39, Rule 1 & 2 CPC, interim order dated 14.01.2016 was passed to maintain status quo. In revision filed by respondent No.1 against order dated 14.01.2016 the Board stayed operation of the order.
3. Learned counsel for the petitioner submits that revision power of the Board could not have been invoked against the interim order.
4. As per the petition, respondent No.1 is contesting respondent and is represented by Mr. Manoj Ojla, Advocate to whom advance copy was supplied.
5. Learned counsel respondent defends the impugned order by stating that the appellate authority was non-functional, hence there was no remedy available except to file revision.
6. Section 230 of the Act is reproduced below:-
The Board of Revenue cannot exercise revision powers against interim orders when an appeal is available under the Rajasthan Tenancy Act.
Revision under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.
Revisions under the Rajasthan Tenancy Act are maintainable only against final decisions; interim orders do not constitute 'decided cases'.
A revision petition against an ex-parte ad-interim stay order is not maintainable if an appeal is available under the relevant legal provisions.
A revision petition before the Board of Revenue is not maintainable when an appeal provision is available. An aggrieved party can either move the appellate court or approach the same court which pass....
Revision petitions under Section 230 of the Rajasthan Tenancy Act are not maintainable against interim orders, which are not final adjudications, reinforcing the distinction between revisional and ap....
Revision – Law mandates maintainability of revision petition only in a “decided” case by subordinate revenue court where no appeal lies and secondly, on the ground of jurisdictional error committed b....
Revision petitions against ad-interim orders are not maintainable under Section 230 of the Rajasthan Tenancy Act, as such orders are not 'decided cases'.
The court affirmed that revisions against interlocutory orders can be maintainable under certain circumstances, and emphasized the importance of timely adjudication in tenancy disputes.
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