PRELIMINARY

Introduction:

These four matters, two civil second appeals (Nos. 94/1983 and 119/1983) and two writ petitions (Nos. 1526/1988 and 1372/1997), being essentially of cross-cases between the rival parties and involving several inter-related facts and common issues, have been heard together; and are taken up for disposal by this common Judgment.

2. The second appeals arise out of the civil suit filed on 15.12.1964 by the plaintiff Raghunandan for cancellation of gift deed dated 30.06.1964 executed by the defendant No.1 Bhoori Bai in favour of the defendant No.2 Jagdish Lal and for recovery of possession of suit property. This suit (CO No.210/1971) was decreed by the Additional Civil Judge, Udaipur by the judgment and decree dated 29.05.1976. The appeal filed by the defendant No.2 (Appeal No.22/1982) was party allowed by the District Judge, Udaipur by the impugned judgment and decree dated 04.04.1983 wherein the learned Appellate Court, even while affirming the findings of the Trial Court that the plaintiff Raghunandan Pujari was the validly adopted son of the defendant No. 1 Bhoori Bai, modified the finding in relation to the rights of the defendant No.1