Honble PANWAR, J.—Both these writ petitions involve common question of law and facts and between the same parties and therefore, with the consent of learned counsel for the parties, both the writ petitions are heard and decided together taking the facts of SBCW No.2235/07 as leading case.

2. The facts and circumstances giving rise to the instant writ petitions are that a suit for declaration of Khatedari rights in respect of land bearing Khasra No.83 measuring 2 bighas 5 biswas, Khasra No.104 measuring 18 bighas 17 biswas and Khasra No.108 measuring 11 bighas 8 biswas, total 32 bighas and 10 biswas, was filed by respondent No.3 Girdhari in the year 1983 before the Sub-Divisional Magistrate, Jodhpur. The said suit came to be dismissed on 10.08.1989 on the ground that the land in question has been recorded in the name of Bhaira and brother of the respondent Girdhari who was plaintiff before the SDO and Bhaira said to have expired living behind his legal representation Smt. Koyalee, the wife, who was not impleaded in the suit. Against the order of SDO dismissing the suit, an appeal was preferred before the Revenue Appellate Authority by respondent Girdhari. In the appeal the respondent

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