P.P.NAOLEKAR, J. - (1.) SINCE common questions of law and facts are involved in both these petitions, they are being disposed of by this common order.
(2.) RESPONDENTS no. 4 and 5 Tejaram and Chawli are the son and daughter of decease plaintiff Hanuman and the petitioners are legal representatives of deceased Kanaram. Admittedly, the property in dispute belonged to Budharam, who had two sons Narain and Baluram. Hanuman plaintiff was the son of Narain and Kana Ram was the son of Baluram. Respondents no. 4 and 5 are legal representatives of Hanuman and petitioners no. 1 to 12 are the legal representatives of Kanaram. Hanuman filed a suit for declaration of his title for half share, partition and separate possession of 46.2 Bighas of land situated in Chak 4 PBM, village Padampura, Tehsil Suratgarh. The suit was filed on the allegations that after the death of Budharam, the land devolved in equal share on his sons namely, Narain and Baluram. Narain died in the year 1918 and his half share was mutated in the name of Hanuman in the year 1928 and, therefore, he has half share in the property. In defence, it was alleged by Kanaram that Hanuman went in adoption in the year 1924 -25 although the deed was registered in the year 1938 and, therefore, he had no right, title and interest in the suit property. All the three courts below have decreed the suit of the plaintiff Hanuman, against which the present writ petition is being filed, which is registered as S.B. Civil Writ Petition No. 461/94 Smt. Revti and Ors. v. Board of Revenue, Rajasthan, Ajmer and Ors.
(3.) THE entire land in question was mutated in the name of Kanaram and therefore, an application was moved by Hanuman that mutation made in favour of Kanaram be cancelled as he has half share in the property. The mutation was cancelled, which was maintained upto Board of Revenue, against which writ Petition No. 1074/94 Smt. Revti and Ors. v. Board of Revenue, Rajasthan, Ajmer and Ors. is filed. The application for correction of mutation and the suit was disposed of by the Board of Revenue by common order.;