JUDGMENT

V.N. Khare, J.-This appeal is directed against the judgment of Madhya Pradesh High Court whereby the High Court has allowed the second appeal preferred by the defendants/respondents and dismissed the suit brought by the appellants herein.

2. The facts of the case in brief are these:

On 14.5.1954, one Nathe Khan, predecessor-in-interest of the appellants herein, and one Shankar Rao, filed an application before the Tehsildar under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 (hereinafter referred to the Act) for reinstatement of pucca tenant Nathe Khan who was alleged to be dispossessed by Najim Khan, predecessor-in-interest of respondents 1(a) to 1(k) in respect of agricultural land measuring. 135 hectare, situated at village Maksi, Distt. Shajapur. The case of Najim Khan was that the land in dispute was given to him on patta for consideration of a premium of Rs. 100/- and he, thereafter, planted trees and constructed two houses over the said land. On 31.8.1960, the Tehsildar allowed the application with a direction to late Najim Khan to restore back possession of the land to Shankar Rao instead of Nathe Khan. Feeling aggrieved, late Najim Khan filed an