Sangeet Lodha, J. - (1.) THIS petition is directed against order dated 27.11.2000 of Board of Revenue, Rajasthan, whereby a revision petition preferred by the petitioners herein under Section 230 of Rajasthan Tenancy Act, 1955 (for short "the Act") against the order dated 19.9.95 passed by the Sub Divisional Officer (SDO), Jodhpur, rejecting an application under Order VII Rule 11 CPC, stands dismissed.
(2.) THE relevant facts are that the respondent No. 1 herein filed a suit under Section 88 & 188 of the Act before the SDO, Jodhpur with respect to disputed land comprising khasra No. 74 ad measuring 114 bighas situated in village -Tanawara. The respondent claimed to be in cultivatory possession of the land since Samvat 2012, which is recorded in the revenue record as 'gair mumkin railway land'. The petitioners herein preferred an application under Order VII Rule 11 CPC stating that before filing the suit, no notice under Section 80 CPC was served upon the Union of India and therefore, the suit is not maintainable. That apart, it was pleaded that the respondent is neither khatedar tenant of the land nor in possession thereof and therefore, he being not a tenant in terms of Section 5(43) of the Act, the suit preferred is not maintainable. After due consideration of the rival submissions, the application preferred was rejected by the SDO, Jodhpur vide order dated 19.9.95 observing that the notice under Section 80 CPC dated 13.5.94 served upon the respondent is available on record and the matter with regard to possession over the land stands verified from the record.
(3.) AGGRIEVED by the order dated 19.9.95, the petitioners herein preferred a revision petition before the Board of Revenue, which stands dismissed by the order impugned. Hence, this petition.;