1. - This intra-court appeal has been preferred to challenge the judgment dated 6-8-2009 passed by the single Bench of this Court by which the appellant writ petition No. 4300/2005 has been dismissed.

2. Brief facts of the case are that the plaintiffs-respondents Nos. 3 and 4 filed the suit for declaration and injunction under Sections 88 and 188 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act of 1955 for short) against their father appellant (defendant) on the ground that the land in question is ancestral land. According to the respondents Nos. 3 and 4 after the death of their grand-father Mohan Lal, the property devolved upon the respondents Nos. 3 and 4 and upon the appellant (father of the respondents Nos. 3 and 4), therefore, they may be declared Khatedar tenant of the land in question. They also sought the relief of injunction against their own father the appellant that the appellant may not interfere in the peaceful possession of the respondents Nos. 3 and 4 over the land in question. In the suit before the Asstt. Collector, the present appellant filed a written statement and raised objection that his sister Kamla being the daughter of deceased