Honble RATHORE, J.—The substantial question of law involved in this writ petition is whether the provisions of Hindu Succession Act, 1956 is applicable on the member of the Scheduled Tribes.

2. Brief facts of the case are that non-petitioners Smt. Shanti Devi & Ramdhani filed a suit for declaration of Khatedari rights and cancellation of mutation entries and declaration of gift deed dated 6.5.1978 executed by Smt. Itbai in favour of the petitioner Gulab as null and in-effective and also for correction of entries in revenue record with regard to agriculture land in question against the petitioner and one Smt. Itbai, in the Court of SDO Gangapur City.

3. The petitioner also filed a cross suit for declaration of tenancy right, injunction and correction of revenue entries against the non-petitioners No. 2 to 5 with regard to the same agriculture land in question.

4. Both the suits were consolidated and transferred to the Court of Assistant Collector, Sapotra, Gangapur City.

5. The Assistant Collector, Sapotra allowed the suit of the petitioner and dismissed the suit of the respondents Shanti Devi and Ram Dhani vide judgment dated 12.11.1987.

6. The respondents filed an appeal before the Re

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