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INDERJEET SINGH
Ranglal – Appellant
Versus
Ghasi – Respondent
| Table of Content |
|---|
| 1. petition challenging previous orders (Para 1 , 2) |
| 2. claim of procedural illegality (Para 3) |
| 3. trial court's jurisdiction on revenue correction (Para 4 , 5 , 6) |
| 4. writ petition dismissed (Para 7) |
ORDER :
(Inderjeet Singh, J.)
This writ petition has been filed by the petitioner-defendant challenging the order dated 27.08.2021 whereby the application filed on behalf of the petitioner-defendant under Order 7 Rule 11 read with section 151 CPC as well as the order dated 27.09.2022 passed by the Board of Revenue, whereby the revision petition filed by the petitioner-defendant against the order dated 27.08.2021 was dismissed.
2. Brief facts of the case are that the respondent-plaintiff filed a suit for correction in the revenue entries before the trial Court under Section 88 , 89, 90, 91 & 92 and Section 188 of the RAJASTHAN TENANCY ACT , 1955. During pendency of the said suit, the petitioner-defendant filed an application under Order 7 Rule 11 read with Section 151 CPC which was dismissed by the trial Court vide order dated 27.08.2021, against which the petitioner-defendant filed a revision petition before the Board of Revenue, which was also dismissed by the Board of Rev
A party has the right to seek corrections in revenue records, and questions of fact are to be determined by trial courts, not through writ intervention.
The Board of Revenue has the power to set aside the judgment and decree if it finds that the review petition was wrongly dismissed by the lower court.
The proceedings under Section 136 of the Act of 1956 are summary in nature and cannot be treated as a suit, thus the application under Order 7 Rule 11 CPC is not maintainable.
The court's decision was based on the principle that the nature of the order being interlocutory, and the judgments not suffering from any factual or legal error apparent from the face of the record,....
Revenue authorities must adhere to natural justice principles and cannot decide on land title matters when civil litigation is ongoing.
The High Court will not interfere with an order passed by a lower court or tribunal under Article 227 of the Constitution of India if quashing the order would result in restoring an illegal order.
A fair hearing is essential in legal proceedings; lack of opportunity renders judgments void and necessitates reconsideration.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
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