Honble CHAUHAN, J. – The present appeal has been preferred by the appellant under Sec. 18 of the Rajasthan High Court Ordinance, 1949, against the judgment and order dated 9.9.1997, passed by the learned Single Judge in S.B. Civil Writ Petition No. 375/88.

(2). The land in question originally belonged to the temple, known as `AsanMath Sthan Deva and by two regisered sale deeds, dated 7.2.1962 and 17.6.1964, the land measuring 24 bighas was transferred to one Narain Singh, predecessor-in-interest of the appellant, by Pujari of the temple Shri Rameshwar Puri, predecessor-in-interest of respondent No. 4, for considerations. On the basis of the said sale deeds, Sarpanch of the village Panchayat passed the mutation orders on 30.1.1963and 12.12.1964 and since then the appellants claim that they are in physical and actual cultivatory possession over the said land.

(3). On the complaint of some resident of the village, the District Collector made a reference on 8.9.1983 to the Board of Revenue for cancellation of the said mutations dated 30.1.1963 and 12.12.1964, the said reference order is contained inAnnex. 1 to the writ petition. Respondent No. 2 accepted the reference by judgment and ord

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