P.P. Naolekar, J. - (1.) Since common questions of law and facts are involved in all these petitions, they are being disposed of by this common order.
(2.) The land in question is Khasra Nos. 63 to 70 in total 7.09 hectares to village Meeno ka Kanthariya, District Chittorgarh. The land was recorded in the Khatedari of Abdul Samat Khan, respondent No. 8; Abdul Sattar, respondent No. 9 and Mustafa Khan, respondent No. 10 in the year 1960. By registered sale deeds dated 8-9-95, 14-9-95, 28-9-95 and 29-9-95, Respondents Nos. 8, 9 and 10 transferred 5.74 hectares of land except Khasra Nos. 63 and 64 to petitioner No. 1 M/s. J. K. White Cement Works. On 9-6-97 vide Annex. 9 the land purchased i.e. 5.74 hectares was mutated in the name of petitioner No. 1 and the relevant entry was made in the record of rights (jamabandi). On 24-10-81 mining lease of the land in question, was granted to one S.C. Nyati along with other lands. On 18-5-89 the mining lease was transferred by said Nyati in favour of petitioner No. 1. On 31-12-85 Nyati got the document executed by respondents Nos. 8 to 10 that they have no objection to extraction of mineral on the land in question. On 29-6-89 the lease deed was executed by the State in favour of the petitioner along with a map Annex. 7 showing the lease area.
(3.) In January, 1996 respondents Nos. 4 to 7 i.e. Rukya Begum, Gulab Khan, Mustaq Khan and Khurshid Begum filed a suit for declaration of title to the suit land and for injunction restraining the petitioner from carrying out the mining operation on the land. The petitioner, respondents Nos. 8 to 10 and Smt. Hasmat Tara, Smt. Aimna, Smt. Rahmat Begum, Smt. Jebun and Smt. Bibi were joined party defendants in the suit. The case was registered as Suit No. 5/96. Smt. Hasmat Tara, Smt. Rahmat Begum and Smt. Jebun Begum have filed the counter-claim claiming declaration of their right, title and interest in the suit properties. The counter-claim was registered as Case No. 4/96. Right, title and interest in the suit property was claimed by the plaintiffs and the counter claimants on the basis that they are the heirs of the original owner of the suit lands and, therefore, they have a share in the property along with respondents No. 8 to 10.;