Alok Sharma, J. - (1.) THE petitioners -defendants (hereinafter 'the defendants') have challenged the judgment dated 24 -5 -2000 passed by the Board of Revenue Ajmer (hereinafter 'the Board') dismissing their second appeal and affirming the judgment and decree dated 18 -2 -1999 in first appeal passed by the Revenue Appellate Authority Sawai Madhopur in turn affirming the judgment and decree dated 29 -12 -1995 passed by the Sub Divisional Officer Karauli.
(2.) THE facts of the case are that on 19 -11 -1988 the plaintiffs Ganeshi widow of Dulli and her son Kalayan filed a suit for declaration, correction of entries and permanent injunction before the Sub Divisional Officer Karauli with regard to agricultural land bearing khasra No. 7063, 7065, 7065/9779 and 7065/9801 (hereinafter 'the suit land') against the defendant Haricharan. (Subsequently following consolidation of two other suits relating to the suit land one Mehmood & another Maksood were impleaded as co -defendants) with consent of all concerned on 21 -9 -1990. It was averred that the suit land was in the khatedari and possession of the plaintiffs and prior thereto their ancestors including Dulli since several decades and particularly at the time the Rajasthan Tenancy Act, 1955 (hereinafter 'the 1955 Act') came into force on 15 -10 -1955. Possession prior to 1955 Act was the source of legal title as provided under Section 15 of the 1955 Act, the plaintiffs submitted that in 1988 when the defendant Haricharan threatened to sell the suit land and to dispossess the plaintiffs qua the suit lands, they found that in Samvat 2015, in the course of settlement proceedings, unlawful entries without his possession or any sale -deed executed by the plaintiffs' predecessors -in -interest Dulli or order of any competent court had been made in the name of the defendant Haricharan in four of the six khasras over which their holding spread: khasra No. 7064 and 7066 continued to be shown in the plaintiffs' khatedari while khasras 7063, 7065, 7065/9779 and 7065/9801 all carved out from khasras 5401, 5402, and 5412 in the khatedari of Haricharan. It was prayed that plaintiffs as the son and widow of the erstwhile khatedar Dulli as inter alia reflected in khasra Girdawari of Samvat 2006 -2009, revenue entries thereafter and in possession be declared as khatedars, entries in revenue record be corrected and the defendant restrained from their illegal activity of selling the suit land. The suit No. 142/1988 against the defendant Haricharan was filed on 19 -11 -1988. He thereupon immediately he unlawfully sold the land in dispute to defendants Mehmood and Maksood on 21 -11 -1988. Suit No. 52/1990 was filed by the plaintiffs against Mahmood regarding khasra Nos. 7065 and 7065/9779 and suit No. 49/1990 was filed by Maksood against the plaintiff and Kalyan regarding khasra No. 7065/9801 and 7065/9779.
(3.) WRITTEN statement of denial by Haricharan was filed and khatedari of the suit land claimed by him by resort of multiple and mutually inconsistent pleas such as of khatedari based partition prior to the supplement with Dulli and resultant devolution, possession, revenue entries of Samvat 2010 -2013, adverse possession and that the suit land having been since sold to Maksood and Mahmood the suit was not properly constituted in the absence of the vendors.;