N.M. KASLIWAL, J.—Brief facts leading to this writ petition are that non-petitioner No. 4, Mst. Soni, filed a suit for possession against the petitioners in respect of lands bearing Khasra Nos. 795/1, 795/2, 796 and 797 measuring 25 Bighas 10 Biswas situate in village Gothiana Tehsil Kishangarh, District Ajmer. The suit was filed on the allegation that the disputed land was mortgaged with the petitioners by Peeru deceased husband of the plaintiff some ten years back. After expiry of 10 years, the mortgage automatically extinguished and the plaintiff was entitled to possession. In the alternative it was also pleaded that for redeeming the mortgage, the defendant-petitioners had stated that the land had been sold to them by Peeru on September 13, 1963. It was thus alleged that since the husband of the plaintiff was a member of Scheduled Caste, any sale which was made in favour of the petitioners, was violative of section 42 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the Act) and on this account also the plaintiff was entitled to a decree for possession.

2. The defendant-petitioners in the written statement totally denied the fact of mortgage and further asserted th

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