Honble LAKSHMANAN, C.J.–The unsuccessful petitioner in the writ petition is the appellant in this appeal. The appellant filed the writ petition to quash the judgment of the Board of Revenue dated 28.6.74 (Anx. 5), and to restore the judgment of the Sub Divisional Officer, Udaipur dated 18.12.1968 (Anx. 3) and to dismiss the suit of the respondent No. 4 Shanker Lal (Plaintiff).

(2). The dispute in this appeal lies in a very narrow compass. The facts found by the courts below have not been disputed before us. Before proceeding further to deal with the facts of this case it is better to refer to the family tree.

Ganga Ram

Prithvi Raj Girdhari

Dev Kishan (Son) (petitioner No.1 in writ petition) Hira Lal (Son) (Petnr. No.2 in writ petition) Gulab (son) (Resp. No.5 in writ petition) Bhagwan(died in 1910)

Champa (widow)

Shanker Lal (adopted on 12.12.1959 for herself and to her deceased husband) (Plaintiff)

It is seen from the above family tree that Ganga Ram had three sons Prithvi Raj, Girdhari and Bhagwan. Prithvi Rajs son is Dev Kishan who is petitioner No.1-defendant No.1 in the writ petition. Girdhari had two sons, Heera Lal (petitioner No.2 in the writ petition) and Gul

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