Rajasthan Tenancy Act, 1955–Secs. 88, 89 & 183–Revenue suit for declaration & ejectment–Dismissed–Land in dispute was belonging to M–He executed tamaliknama (gift deed) in favour of plaintiff-J–J acquired the rights over the land and the land was mutated in her favour–Land could not be included for the purpose of partition between M and his sons–Decree of partition was obtained without impleading her as party–Held, she was not bound with the decree though her husband was the party to the partition suit–Further, principle of resjudicata was also not applicable in the instant case as the earlier suit filed by J was for only injunction.
