RAHMET Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since common questions of law and facts are involved in the instant appeals, we propose to decide them by a common order.

(2.) In Appeal No. 809/1994, order 22/7/1992 of the learned Single Judge is under challenge whereby the writ petition filed by the respondent No. 1, Kan Singh, was allowed at the back of the appellants. It is contended by the appellants that they are poor farmers having cultivatory possession on the land bearing Khasra No. 860/1192, which is half of the land belonging to the respondent No. 1, Kan Singh, and the appellants had purchased the said land by way of a registered sale deed dt. 18/7/1972. Division of the land of the respondent No. 1, Kan Singh, was made the names of the appellants had already been entered in the revenue records. Kan Singh was a land holder of land comprising of 57 Bighas 2 Biswas out of Khasra No. 860 and half of the land had been ordered to be taken by the State Government as out of the ceiling limits. The matter went upto the Board of Revenue. Thereafter, S.B. Civil Writ Petition No. 209/1977 was filed by Kan Singh and the same was dismissed on 15/5/1986 the appellants were parties in the said writ petition. Against the order of the learned Single Judge, Kan Singh preferred the instant appeal bearing No. 339/1986 and in the said appeal, the appellants have been impleaded as respondent Nos. 5 to 8.

(3.) It appears from the order sheet drawn in the instant Appeal No. 809/ 1994 that since the appellants were not party before the learned Single Judge, they have sought permission to file the instant special appeal and after granting the permission, the appeal was admitted on 9/8/1995.