JUDGMENT :

KULDEEP MATHUR, J.

1. The present special appeal is directed against order dated 06.07.2001 passed by learned Single Bench in S.B. Civil Writ Petition No. 2286/2001 (Mangal Das and Others vs. Board of Revenue and Others), whereby the writ petition filed under Articles 226 and 227 of the Constitution by the appellants with the prayer to set aside the judgment of Revenue Appellate Authority-II, Jodhpur as affirmed by Board of Revenue, Ajmer, vide judgment dated 18.01.2001, by restoring judgment dated 25.11.1991, passed by Assistant Collector, Desuri declaring the property in dispute to be a Joint Hindu family ancestral property, was dismissed.

2. Briefly stated facts of the case are that the appellants filed a suit under Sections 53, 88, 188 of Rajasthan Tenancy Act before Assistant Collector, Desuri stating inter-alia, that Khasra No. 97 admeasuring 19 bighas and 16 biswas, Khasra No. 98 ad-measuring 5 bighas 1 biswa and Khasra No. 171 ad-measuring 14 bighas and 4 biswas, measuring a total of 39 bighas and 1 biswa, situated at Chak No. 1, village Nadol, belongs to the Joint Family of Late Shri Birad Das and his three sons namely, Ganesh Das, Gheesu Das and Mangi Das. In the