- (1.) All these writ petitions are founded on identical facts and the question of law involved therein is also common, therefore, they are disposed of by this common order.
(2.) For adjudication of the lis involved in all these petitions, pleadings of S.B. Civil Writ Petition No.6773 of 2010 are narrated hereinafter in brevity.
(3.) In the erstwhile princely State of Jodhpur, there existed a convention of issuing Bahi Patta and in respect of land measuring 20 bighas at Tanawara road, Tehsil & District Jodhpur, Bahi Patta was issued in the name of Shri Rimju s/o Jamal Musalman in Samvat 1909 (corresponding to year 1852). After death of Shri Rimju, the aforesaid land vested in his sole legal heir Illahiji and eventually on his death the land devolved and vested in his sole legal heir Shri Noor Mohammed. Being owner of the entire land, Noor Mohammed gifted the same to his five sons namely Mohammed Sadiq, Mohammed Umar, Lal Mohammed, Mohammed Rafiq and Roshan Mohammed by a registered deed dated 17th of June 1964. Although Noor Mohammed had a perfect title over the land and consequently there was no flaw/infirmity in transferring the land to his sons by way of gift deed, but the Enforcement Officer of the then Urban Improvement Trust, Jodhpur (for short, 'Trust') submitted a report dated 11th of April 1965 before the Estate Officer alleging therein that title of Shri Noon Mohammed on land in question is under cloud as the said land is Nazul land located near Railway Station, Bhagat-ki-kothi, Jodhpur. Taking cognizance of the report of Enforcement Inspector, proceedings were initiated against Shri Noor Mohammed under the provisions of Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act 1964 (for short, 'Act of 1964'). These proceedings finally culminated into eviction of Noor Mohammed from the land in question vide order dated 31st of March 1970. Being aggrieved from the verdict of the Estate Officer, Noor Mohammed laid an appeal before the District Judge, Jodhpur and the learned District Judge, Jodhpur vide its order dated 26th of May 1971 set aside the order passed by Estate Officer and remanded the matter back for holding enquiry afresh in accordance with the provisions of the Act of 1964 in the light of observations made in the order. On remand of the matter, fresh case was registered bearing No.9/75 but it appears that the said proceedings never attained finality. After remand and registration of fresh eviction proceedings in the interregnum, sons of Noor Mohammed, to whom the land in question was gifted, sold five bighas of land out of 20 bighas to Shri Champalal Chopra, by registered sale deed dated 13th of November 1973.;