Judgment

MATHEW, J.:- The first appellant is the father of appellants 2 and 3. The property in question belonged to the father of first appellant. By a will executed by him, he bequeathed the property to appellants 2 and 3. After the death of the testator, mutations in favour of appellants 2 and 3 were effected in the revenue records in the year 1996 B. K. (1939). The first appellant managed to get the mutation of the land in his name in 1944 for the reason that he wanted to get licence for a gun. In 1955, when the Pepsu Tenancy and Agricultural Lands Act (hereinafter referred to as the Act) came into force, the first appellant was shown to be the owner of the land in the revenue records. Chapter IV-A of the Act was inserted by Pepsu Act No.15 of 1956 on October 30, 1956 and by Section 32A of this chapter, ceiling was placed on the holding of land.

2. A suit was filed by appellants 2 and 3 for a declaration that the land belonged to them that the mutation of the land in the name of the first appellant in the revenue records was for the purpose of enabling him to obtain a gun licence and that there was no transfer of the land to first appellant. The first appellant was the only defend