M.L.JOSHI, J. - (1.) IN the six writ petitions each of the petitioners seek to challenge the impugned judgment of the Board of Revenue passed in each case and pray for quashing the impugned judgment in respective cases.
(2.) EACH of the petitioners had obtained 'decree in his favour which was not appealed against and the decree became final. Despite appeals having rot been filed against the respective decrees the Collector made reference under Section 23/ of the Rajasthan Tenancy Act, hereinafter called the Tenancy Act for setting aside the decree passed in various suits ii favour of the respective petitioners. The Revenue Board entertained the reference and set aside the respective decrees. It is in these circumstances that the petitioners challenge the judgment of the Revenue Board in these cases and pray for quashing the same. The petitioners have challenged the judgment of the Revenue Board amongst other on the ground that neither the Collector was competent to make a reference under Section 222 for setting aside the decree nor the Revenue Board was competent to entertain such reference under Section 222 of the Tenancy Act. As this point of law is common to all the writ petitions, the petitions are being disposed of together by a common judgment.
(3.) IT has been strenuously urged by the earned Counsel for the petitioners that it was not within the competence of the Collector to make a reference under Section 232 of the Tenancy Act for setting aside the decree as the decrees do not fall within the purview of Section 232. It has been submitted that reference under Section 232 can be made for setting aside the order only and not for setting aside the decrees.;