Gopal Krishan Vyas, J. - (1.) The instant writ petition has been filed by the petitioners for following relief: (i) quash the impugned judgment and decree dated 25/8/20154 (Annexure 8) passed by the learned Board of Revenue, Ajmer in Appeal Decree/TA/4896/2001/ Udaipur; and (ii) the judgment and decree dated 19/7/2001 (Annex.7) passed by the learned Revenue Appellate Authority, Udaipur may kindly be restored back; and (iii) the suit filed by the petitioners/plaintiffs seeking declaration of their Khatedari rights over 6 bighas suit land may be decreed; and (iv) any other appropriate relief which this Hon'ble Court deems fit necessary in the fact and circumstances of the present case be granted in favour of the petitioners; and (v) cost of the Writ Petition be ordered to be awarded to the petitioners. "
(2.) As per the facts of the case, the father of the petitioners nos. 1 to 6 Onkar Lal Dangi filed a revenue suit before the respondent no. 3 seeking declaration of Khatedari rights over 6 bighas of land situated in southern side of plot no. 1855 (40 bighas in all) in Hiran Magari Area, Udaipur. In the suit it was pleaded that the said land was granted by Maharaj Dwarkadish Kankroli upon consideration of Rs. 75/- in Samwat 2012 since then he is in constant cultivatory possession of the land and same has been entered in the revenue records.
(3.) It is further submitted that the defendants purchased the rest of the land part of 6 bighas land but with malafide intention had got executed the mutation for entire 40 bighas of land, therefore civil suit was filed by him for declaring Khatedari of over 6 bighas of land which is given to late Sh. Onkar Lal Dangi by Maharaj Dwarkadish Kankroli for Rs. 75/-. After filing the written statement vide order dated 21.10.1980 the learned trial court decreed the suit filed by the plaintiff against the defendant, against which the defendant preferred appeal before the respondent no. 2 which was allowed vide judgment dated 22.3.1987 and order passed by the S.D.O, Girwa was set aside and matter was remanded to the said court for deciding fresh.;