JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2. This appeal is directed against the judgment and order dated 2nd February, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No.557/2002. By the impugned judgment the High Court dismissed the appeal preferred by the appellant and upheld the order dated 23rd May, 2002 passed by the learned Single Judge in S.B. Civil Writ Petition No.639 of 1996.

3. The factual matrix of the case is as follows:

The suit property is an agricultural land admeasuring 10 bighas 13 biswa situated in village Med, Jaipur, Rajasthan. The said land was sold by its recorded Khatedar, Dalu (hereinafter referred to as the “vendor”) to Ram Karan (since deceased) and Mahendra Kumar who belong to upper caste vide a registered sale deed dated 12th January, 1962. Ram Karan and Mahendra Kumar (hereinafter referred to as the “vendee”) were both landless persons on the date of sale of disputed land. The said vendees had been in cultivator possession of the disputed land prior to 1