JUDGMENT

R. Banumathi, J.

This appeal arises out of the judgment dated 05.02.2007 passed by the High Court of Madhya Pradesh at Jabalpur dismissing the Second Appeal No. 174 of 1989 filed by the appellants, thereby affirming the decision of the first Appellate Court in Civil Appeal No. 29-A/85 holding that in the absence of any order of abandonment or revocation of the patta given to the forefathers of the respondents-plaintiffs, grant of patta in favour of the appellants/defendants was illegal and that the appellants-defendants cannot claim any right over the suit properties.

2. Case of Respondents-plaintiffs is as under:-

Respondents-Shiv Nath and deceased Vishwanath/predecessor in interest of respondents No.2 to 10 filed a suit for declaration of title over the suit lands in khasra numbers 41-1.39, 131-2.70,162-0.17, 163-3.92 and 164-2.15 Kita 5 total area 10.33 situated in Village Bairath General No.782, Tehsil Gopad Banas and possession of all the khasra numbers except khasra No.164 against the father of the appellants-Hanuman Din. Ram Sahai and Rameshwar - fathers of the pla