ORDER :

1. Since in both the writ petitions there is a challenge to the order dated 03.10.2018 passed by the Board of Revenue, hence, both the writ petitions are being decided by a common order.

2. Being aggrieved by the judgment and decree dated 03.10.2018 passed by the learned Board of Revenue, Rajasthan, Ajmer (for short ‘the Second Appellate Authority’) in Second Appeal No.894/2016/Sikar, the petitioners-Narayan & Smt. Ganga Devi, have preferred SBCW P. No.4688/2019. By the Judgment dated 03.10.2018 the Second Appellate Authority allowed the appeal of the respondents/defendants and set-aside the judgment and decree dated 02.02.2016 passed by the Court of learned Revenue Appellate Authority, Jaipur (for short ‘the First Appellate Authority’) in Appeal No.166/2011/223, whereby the First Appellate Authority affirmed the judgment and decree dated 28.03.2003 passed by Court of learned Sub Divisional Officer, Dantaramgarh, District Sikar (for short ‘the trial Court’) in Revenue Suit No.88/1998. The trial court decreed the suit of the plaintiff/petitioners filed under Sections 88 and 188 of the Rajasthan Tenancy Act, 1955 (for short ‘the Act of 1955’) for declaration as khatedars, permanent injunction and for cancellation of the sale deed dated 22.07.1988.

3. The writ petition No.10925/2019 has been filed by the petitioner- Rajendra Prasad assailing the same judgment of the Second Appellate Authority dated 03.10.2018. The petitioners in this petition are the persons who subsequently purchased the land from the respondents after they were declared as khatedars of the land in question by the trial court.

4. Brief facts relevant for consideration are that the original plaintiff Prabhu Dayal- the father of the present petitioner No.1- Narayan and the husband of the petitioner No.2- Smt. Ganga Devi filed a suit for declaration as khatedars of the land bearing Khasra No.1884 (New Khasra No.2656) measuring 11 bigha 9 biswa (for short ‘the land in question’) situated in Village Khatushyamji, Tehsil Dantaramgarh, District Sikar also for permanent injunction as well as for cancellation of the saledeed dated 22.07.1988 (by the sale deed dated 22.07.1988 the aforesaid land was sold by defendants/ respondents-Madan Lal, Bhagwan Sahai and Barji to purchasers namely; Bhagwana Ram and Smt. Patasi). The suit was filed with the averments that the land in question was in cultivation of plaintiff being tenant since before the enforcement of the Act of 1955. It was further averred that the name of the plaintiff has been mentioned in the khasra girdawari and he has paid the land revenue being a tenant of the land in question. It was further stated that though the name of Pokharpredecessor of the respondents/ defendants was entered in the revenue record as Khatedar tenant but the suit land was under cultivatory possession of the plaintiff/petitioners being a tenant and Pokhar or his legal representatives and the respondents/ defendants never remained in cultivatory possession of the land in question. It was alleged in the plaint that after the death of Pokhar his legal representatives illegally and without notice of plaintiff got mutated the land in question in their names on 20.12.1987 and thereafter they sold the land by registered sale deed dated 22.07.1988 to Madanlal, Bhagwan Sahai and Barji. It was further alleged that the revenue record was diverted without the knowledge and intimation to the plaintiff. It was also stated in the plaint that prior to the commencement of the Act of 1955 the land was recorded in the names of Radha Kishan and Devi Sahay and the said land was declared as Khalsa land alongwith other land and thereafter the name of Pokhar was illegally added in the revenue record as khatedars of the land in question and thus prayed for decreeing the suit in his favour.

5. Separate written statements were submitted on behalf of defendants No.1,2,3 and 4 to 5. In the written statements it was specifically averred that the defendants No.1 to 3