JUDGMENT

D.P. Wadhwa, J.-Appellant, Rohini Prasad, is aggrieved by the judgment dated October 19, 1987 of the Madhya Pradesh High Court at Jabalpur delivered in Second Appeal. High Court had set aside the findings of the first Appellate Court that appellant had acquired Bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959 (for short, the Code ). Appellant was defendant in civil suit filed by the respondent-plaintiff for possession of agricultural land and for mesne profits. Trial Court decreed the suit for possession but did not grant relief for mesne profits. On appeal filed by the defendant (who is now appellant before us), it was allowed and the suit of the plaintiff (now respondent before us) was dismissed. Plaintiff brought the matter to the High Court in second appeal which was allowed. High Court affirmed the decree passed by the trial Court and directed the defendant to hand over vacant possession of the suit land within two months from the date of the judgment and on his failure to do so, the plaintiff would be entitled to mesne profits @ Rs. 1,000/- per year.

2. The disputed land is agricultural land governed under the provisions of the Code. Maqsood Ali and