Rajasthan Land Revenue Act, 1956–Sec. 82–Rajasthan Tenancy Act, 1955–Secs. 88, 188 & 42–Reference was allowed in respect of the land for which the suit u/ss. 88 & 188 had already been decreed by the SDM–Writ petition against the order passed in reference–Dismissal of–Appreciation–Held –
(i) Appellant came with a dishonest plea with regard to his possession of the disputed land.
(ii) In the cases of fraud, collusion, lack of jurisdiction, and under the circumstances where the orders are void being against the public interest and policy, the powers of reference can be exercised at any
time–Delay in making reference in the instant case was not fatal.
(iii) Claim of appellant over the land of members of a scheduled category cannot be countenanced.
(iv) Against the decree passed u/ss. 88 & 188, the appeal was dismissed as barred by limitation and second appeal was dismissed on account of its withdrawal–Judgment passed by trial Court was obtained by playing fraud and in collusion, it cannot be saved applying the principle of merger.
Held, no illegality or perversity is found in the impugned order passed by Single Bench.
