Honble MADAN, J.–Though the case has come up on an application filed on 9.8.99 for vacation interim stay order under Article 226(3) of the Constitution by applicants Heekli s/o Manglu and six others, who have also prayed for impleading them as necessary parties to this writ petition, but the arguments advanced at the bar since are same, at the joint request of the parties, this writ petition itself is also being disposed of.

(2). By this writ petition the petitioner has challenged the impugned judgment dated 26.11.97 (Ann. 3) of the Board of Revenue for Rajasthan, Ajmer (for short `the Board), wherein Heekli s/o Manglu and six others were also parties to the proceedings before the Board, therefore, they are also necessary parties. Hence applicants Heekli and six others are allowed to be impleaded as respondent Nos. 4 to 10.

(3). The facts, briefly stated, relevant for deciding this writ petition are that on 10.6.76 the petitioners filed suit for declaration and injunction u/Ss. 88, 89 & 188 of the Rajasthan Tenancy Act, 1955 (for short `the Act) alleging his ejectment wrongfully before the Assistant Collector, Laxmangarh.

(4). In the suit filed by the petitioners and one Bodan s/o Pan

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