- (1.) The present writ petition has been filed under Article 226 read with Article 227 of the Constitution of India, praying that the order dated 12.5.2014 (Annexure-4) passed by Sub Divisional Officer, Ajmer, along with order dated 8.10.2014 (Annexure-5) passed by Revenue Appellate Authority and the order dated 13.6.2015 (Annexure-6) passed by Revenue Board, be set aside as they are contrary to the well settled legal position, and are perverse.
(2.) It is contended that the Sub Divisional Officer, Ajmer, Revenue Appellate Authority and the Board of Revenue have committed a grave illegality by dismissing the suit filed by the petitioners for declaration and injunction.
(3.) Mr. J.P. Goyal, the learned Senior Counsel appearing for the petitioners has submitted that Rama father-in-law of petitioner No.1 and grandfather of the petitioners No. 2 to 7 was inducted sub-tenant before 15.10.1955 when Rajasthan Tenancy Act came into operation. It is stated that by virtue of enactment of Rajasthan Tenancy Act, 1955, Rama ancestor of the petitioners became khatedar of the land. The learned Senior Counsel submitted that on 14.6.2007, the petitioners had filed a suit before Sub Divisional Officer, Ajmer for declaration and injunction. During the pendency of the suit, Mangi Lal and Smt. Pani, both defendants to the suit sold their rights in the suit land to the respondent No.4 Smt. Bali wife of Chhotu Gurjar, R/o Khanij Nagar, Ajmer. It is to be noted that in the written statement filed by Mangi Lal and Smt. Pani defendants to the suit, they had taken a stand that Rama was not tenant and cultivator of the land. He was not having possession and therefore, he is not entitled to be considered as Khatedar under Section 19 of The Rajasthan Tenancy Act.;