Rajasthan Tenancy Act, 1955–Secs. 53, 89 & 189–Preliminary decree of partition on the ground of compromise–Set aside by RAA–Appeal against–BOR hold that the decree could not be set aside by RAA as the application for cancellation of the judgment and decree was pending on the ground that the consent was obtained by undue influence–Further, observation of BOR that the preliminary decree was passed on a compromise which was not opposed to the law being in conformity with Sec. 55 of Act and Rule 19 of the Rajasthan Tenancy (Government) Rules, 1955–Mere allegation is not sufficient and fact of undue influence or force is required to be proved by evidence–Impugned
observations of BOR set aside & Assistant Collector is directed to decide the application.
