SUA Vs. JAI SINGH

JUDGEMENT

(1.) MST. Sua has filed this revision petition against the order of the Revenue Appellate Authority, Kota dated 19. 4. 1964 whereby he upheld the order of the trial Court dated 14. 9. 1964 rejecting the application of MST. Sua for being impleaded as a defendant in the plaintiff respondent's suit u/s 183 of the Rajasthan Tenancy Act.

(2.) BRIEFLY the facts of the case are that in the suit of Jai Singh plaintiff filed u/s 183 of the Rajasthan Tenancy Act against Tulsa, Badri, Batu and Sharvan respondents Nos. 2 to 5 for their ejectment as trespasser from khasra No. 57 consisting of 00. 8 biswas of land situated in village Kudawal, Tehsil Todabhim. District Sawai Madhopur, the plaintiff had alleged that the suit land was his khudkasht or khatedari land and that the respondents forcibly occupied the land. Badri and Batu were the sons of Hukam Singh Gujar and they pleaded that the suit land was cultivated by them as tenants from the time of the jagir of the plaintiff respondent. It is not disputed that Sua the present petitioner who is the widow of Hukam Singh and was the mother of Batu and Badri. Her application was that the suit land khasra No. 57 known as Pokarwala was in the tenancy of Hukam Singh her deceased husband and she alongwith her son should have been impleaded as a defendant in the suit. Both the Courts rejected her application as belated and on the ground that the suit land was not the land over which Mst. Sua claim tenancy of her husband. It is against this finding of the two subordinate Courts that the petitioner Mst. Sua has come up in revision before me.