Judgment

GUPTA, J.:- In this appeal by certificate granted under Article 133 (1) (a) of the Constitution, the appellants question the correctness of an order of the High Court of Madhya Pradesh at Jabalpur made on a petition under Articles 226 and 227 of the Constitution directing the Board of Revenue, Gwalior, to dismiss a suit under Section 326 of the Gwalior State Quanoon Mal filed by the appellants. The proceedings leading to this appeal started sometime in 1944 and it is unfortunate that it has not been possible as yet to bring down the curtain on the dispute.

2. Briefly the material facts are as follows. The dispute between the parties relates to 220 bighas 16 biswas of agricultural land in village Dhuder, Tahsil Mungaoli, District Guna in Madhya Pradesh. In 1944 and 1945 appellant Hariram and the predecessors in interest of the other appellants as zamindars instituted suits against the respondents under Section 283 of Quanoon Mal for Samvat 2001 and 2002 respectively alleging that the respondents were gair mourusi, meaning non-mourusi, tenants of the aforesaid land and that they had failed to execute a Kabuliyat as required by the section. Section 283, translated into English