SYED M.FAZAL ALI, J.

(1) THIS appeal is directed against a judgment and decree dated 26/03/1968 passed by the High court of Punjab & Haryana by which the High court reversed the decree of the Senior sub-Judge, Narnaul. The appeal arises out of a suit filed for declaration of the plaintiffs for two-third share in the property in dispute. The defendants-appellants contested the suit mainly on the ground that they had become occupancy tenants of the land and, therefore, the plaintiff had no right in the land at all. The trial court accepted the defence in principle but decreed the suit of the plaintiff to the extent of two-third share only as it held that an ordinance passed by the government was declared ultra vires by the High court. So, the defendants could not acquire absolute proprietary right. Thereafter, the defendants filed an appeal before the Additional District Judge on 11/10/1960 against the judgment dated 16/08/1960 of the trial Court. The appeal came up for hearing before the judge on 23/01/1961 when a preliminary objection was raised by the plaintiffs-respondents that the appeal was not filed in the proper court. In view of this objection, the learned Judge r