Kanwaljit Singh Ahluwalia, J. - (1.) INSTANT petition has been preferred under Article 227 of the Constitution of India praying inter alia that the order dated 05.08.1999 passed by Revenue Appellate Authority, whereby a well reasoned judgment & decree rendered by Sub Divisional Officer dated 28.08.1976 was reversed, be set aside, along with order dated 12.01.2004 passed by Board of Revenue for Rajasthan, Ajmer.
(2.) SUCCINCTLY stated facts of the case are that, one Heera Lal, respondent No. 4/plaintiff instituted a suit for redemption of mortgage and possession against Nathu, praying inter alia that Nathu be evicted from the suit land and possession thereof be vested in the plaintiff/respondent No. 4 and furthermore, plaintiff - Heera Lal, respondent No. 4 to the present petition, be conferred khatedari rights over the suit property. In the suit, it was specifically pleaded that respondent No. 4/plaintiff - Heera Lal was adopted by Bhura. It was stated therein that Radhakrishan, father of plaintiff - Heera Lal was real brother of Bhura and he was taken into adoption after necessary ceremonies were performed. It was further averred in the suit that Bhura had mortgaged the land with petitioner/defendant - Nathu for Rs. 325/ - and the plaintiff/respondent No. 4 be permitted to redeem the mortgage and thereafter possession be handed over to him.
(3.) IN other words, two prayers were made in the suit, firstly, the land was mortgaged with Nathu and after redemption possession thereof be handed over to Heera Lal and secondly, khatedari rights be not conferred upon Nathu and same be granted in favour of plaintiff. For both the prayers made, it was averred that Heera Lal is an adopted son of Bhura.;