Judgment

SARKARIA J. :- The facts giving rise to this appeal by special leave are as under:

Jagga had three sons; Bishna, Ram Lal and Har Lal. Ram Dia, Dal Singh and Ran Singh deceased were the sons of Bishna. Ram Lal and his sons, Chawla and Dhanna, Har Lal, his son, Puran and Har Lal s grandson, Mukhtiara, are the accused in this case.

2. During consolidation operations in their village, Deora, dispute arose between Ram Lal and Har Lal on one side and Bishna on the other over the allotment of a plot, measuring 4 1/4 acres. This plot was allotted by the Consolidation Officer to Bishna; but in revision, the Additional Director, Consolidation on May 4,1968, set aside the order of the Consolidation Officer and allotted it to Ram Lal and Har Lal, accused. Bishna died and the deceased succeeded him. Aggrieved, the deceased persons moved the High Court under Article 226 of the Constitution for bringing up and quashing the order of the Director. The High Court dismissed this petition on July 14, 1971 and upheld the order of the Director. On October 4, 1971, the Assistant Collector made an order that, in implementation of the order of the Director of Consolidation, the land be demarcated at