( 1 ) THIS appeal is directed against the judgment of the Madhya Pradesh High court allowing the second appeal preferred by the plaintiff-respondents, herein.

( 2 ) THE plaintiff-respondents brought a suit in the court of civil judge, Dhar for declaration that they being the sub-tenants of the land in dispute had acquired occupancy rights and thereafter have become bhoomiswami of the said land. The case of the plaintiff-respondents was that the land comprising in survey nos. 2, 21, 99, 242, 244 and 309 situate at village mangaol belonged to the defendant-appellants father Laiji along with laxmanrao. The said Laiji and laxmanrao sub-let the land to the father of the plaintiff-respondents. After the death of Laiji, his widow Bainabai and after her death her daughter became the co-tenant along with Laxmanrao in respect of the disputed land, and they were recorded as such in the revenue record. It was a further case of the plaintiff-respondents that after the death of their father, they continued to hold the land as sub-tenants of the defendant appellant and thus have acquired occupancy right on coming into force the Madhya Pradesh land Revenue Code (hereinafter referred to as the Code