Judgment :

SIKRI, J.

This appeal by special leave is directed against the judgment of the High Court of Madhya Bharat in Civil Miscellaneous Application No. 91 of 1955, read with Civil Miscellaneous Application No. 92 of 1955, filed under Art. 227 of the Constitution by Rao Jagdish Singh and others. By this judgment the High Court accepted the applications and quashed the decision of the Board of Revenue and dismissed the claim of Lallu Yeshwant Singh, son of Nahar Singh, now deceased, represented by Babu Singh, appellant before us. The relevant facts for appreciating the points arising in the appeal are as follows.

Yeshwant Singh and other sons of Lallu Nahar Singh, hereinafter referred to as the plaintiffs, filed a suit against Rao Jagdish Singh and 4 others (Revenue Case No. 24 of 2000 S. Y.) in the Court of Tahsildar, Pargana Pichhore, District Gwalior, for the possession of some agricultural land under s. 326 of Qanoon Mal. The plaintiffs’ case, in brief, was that they were gairdakhilkar cultivators and that Rao Jagdish Singh, defendant No. 1, had forcibly prevented the plaintiffs from doing cultivation and got the disputed land cultivated by defendants Nos. 2 and 3, by inter