Judgment

H.S. BEDI, J.- The facts of the case are as under:

On 31-10-1956 the Government of the erstwhile State of Madhya Pradesh issued Circular No. 3609 dated 31-10-1956 providing for allotment of beed land by way of compensation to the former zamindars which was already in their cultivating possession, but had come to be vested in the State Government under the Madhya Bharat Zamindari Abolition Act, 1951. The appellants herein, being such zamindars and taking advantage of the aforesaid circular were allotted 4 bighas and 15 biswas of land in Survey No. 48/1 and 14 biswas of land in Survey No. 441 making a total area of 5 bighas and 9 biswas vide Order dated 13-8-1960.

2. As per the case of the appellants the Collector of the District in exercise of his suo motu powers set aside the allotment of the suit land except for one biswa in Survey No. 441 vide order dated 20-8-1974. This order was challenged by the appellants before the Commissioner of the Division and having failed, filed a civil suit in the Court of the Civil Judge, Class II impugning the order of the Collector and the Commissioner. The civil court after framing issues relating to the case decreed the suit vide judgmen