SURENDRA SINGH Vs. MANGLA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Revenue Appellate Authority, Kota, dated the 31st October, 1963, whereby he dismissed the appeal filed by the plaintiff-applicant against the order of the Sub Divisional Officer, Sawai Madhopur, dated the 3rd July, 1963. In a suit for declaration and permanent injunction, the plaintiff-applicant filed a petition before the trial court under sec. 212 of the Rajasthan Tenancy Act praying for the appointment of a receiver in respect of the lands in dispute. The trial Court found that the lands have been recorded in Khatedari of the defendants-opposite party and, therefore, declined to appoint the receiver. Aggrieved by this order the plaintiff-applicant filed an appeal in the Court of the Revenue Appellate Authority who rejected the appeal but at the same time restrained the defendants-opposite party from wasting, damaging or alienating the lands in dispute in any manner till the final decision in the original suit. It is against this order that the present revision petition has been filed.

(2.) THE case was heard ex-parte as the counsel for the defendants-opposite party was not present despite notice.