JUDGMENT :

1. The present regular appeal has been preferred against the judgment and decree dated 27.03.2008 passed by the Additional District Judge (Fast Track) No.2, Bhilwara in Civil Original No.28/2007, whereby the suit for declaration, cancellation of the sale deed and permanent injunction has been decreed.

2. The brief facts of the case are that the plaintiffs Rameshwar Lal and Bheru preferred a suit with the following submissions :

(i) That the agricultural land measuring 13.16 bighas and 14.05 bighas was originally of the ownership of Kela Jat who was the maternal grandfather of the plaintiffs. Kela expired before the Hindu Succession Act, 1956 came into effect and was survived by his wife Jadav and two daughters namely Shringari and Bagati. All the three descendants of Kela have since expired and the only surviving descendants of Kela are the plaintiffs Rameshwar Lal and Bheru who are the sons of Shringari and Bagati respectively.

(ii) One Balu Jat, who was the nephew of Kela, got the revenue entries qua the land in question mutated in his favour on the basis of an alleged adoption by Kela. Balu was never adopted by Kela and therefore, the revenue entries and the mutation got