Proper legal procedure requires the inclusion of legal representatives of deceased parties in tenancy disputes as per the Rajasthan Tenancy Act.

Order

26/05/2025

1. While maintaining that the suit under Section 88 of the Rajasthan Tenancy Act, 1955 was essentially filed for declaration of khatedari rights against the State in which the private respondent - defendant nos.1 and 2 were formal parties, yet the Revenue Appellate Authority has erred in allowing the appeal altogether and the Board of Revenue has erred in affirming such an order.

2. Learned counsel alternatively argued that even if the Revenue Appellate Authority was of the view that the defendant Nos.1 and 2 had since passed away, it ought to have remanded the matter to the trial court with the direction to hear the legal representative(s) instead of setting aside the decree of declaration as a whole.

3. The matter requires consideration.

4. Issue notice. Issue notice of the stay application also, returnable within a period of six weeks.

5. Meanwhile, status quo in relation to the petitioners’ possession over the land in question shall be maintained. The petitioners shall however not alienate, transfer or create any third party rights qua the land situated in Khasra No.48 ad-measuring 55 bighas & 4 Biswas of Village Bhinchawa, Tehsil Makrana, District Nagaur.