DAVE, C.J.—This is an application under Art. 226 of the Constitution of India. It is directed against the decision of the learned Members of the Board of Revenue Rajasthan passed in second appeal on 23rd December, 1961.

2. Briefly stated, the facts giving rise to it are as follows—

The petitioners father Gangasahai and one Pusharam, who were descendants of a common ancestor Bhudarmal, were Khatedars of KhasraNos.765, 766, 769, 873, 874 and 946, in all measuring 13 bighas 2 biswas, situated in village Giglana, Tehsil Behror. Gangasahai died in the lifetime of Pusharam. On Pusharams death in March, 1945, respondent No. 2 Kirparam, who claimed to be his adopted son, got the said land mutated in his name. The petitioner contested the mutation proceedings commenced at the instance of Kirparam, but he was not successful. In the meanwhile, the landlords of the said fields took possession of them and so Kirparam had to file a suit for recovery of the possession of the said fields against the landlords in the court of the Assistant Collector, Behror on 5th September, 1945. He obtained a decree (Ex. 2) for possession from the said court on 18th February, 1946. It was, however, on 11th March, 1

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