JUDGMENT - MHASE S.B., J.:---These two revision applications arise from Special Darkhast No. 414 of 1996 and MJC No. 237/1978 filed by non-applicants Nos. 1 to 12, who are the legal heirs of deceased Azizul Haq, son of Hazi Abdul Bari. Special Civil Suit No. 238 of 1973 was filed by Azizul Haq and eight others for partition of agricultural lands and house property as against Abdul Jalil and three others - The heirs of defendant No. 1 Abdul Jalil and non-applicants Nos. 13 to 20 while non-applicant No. 21 is original defendant No. 2. The original defendant No. 3 was the present applicant No. 1 Anandrao Ganpatrao Belkhode. It appears that during the pendency of the said suit, the applicant No. 1 purchased Survey Nos. 47, 202, 205, 206/1-Kh and 206/1-K of mouza Jamtha, tahsil and district Nagpur, admeasuring 20.60 acres of agricultural land by sale deed dated 25th February, 1974 from Abdul Jalil - original defendant No. 2. Therefore, the applicant Anandrao was joined as defendant No. 3 in Special Civil Suit No. 238 of 1973. A preliminary decree in the said suit was passed on 20th April, 1978, wherein the Joint Civil Judge, Senior Division, Nagpur, declared that plaintiffs Nos. 2 to 6 and 8 to 10 shall have 7/32th share in the suit property and directed that the precept for partition by metes and bounds shall be sent to the Collector and the Commissioner shall be appointed for partition of the house property. In the present matter, we are concerned with the partition of an agricultural land, which is required to be done by the Collector. It appears that thereafter M.J.C. No. 237 of 1978 was filed by non-applicants Nos. 1 to 12 on the basis of the decree in Special Civil Suit No. 238 of 1973 for appointment of the Commissioner and to partition the house property. However, due to the pendency of the proceedings in first appeal and second appeal, the execution of the said preliminary decree could not proceed till 1984 and, therefore, even though M.J.C. No. 237 of 1978 was pending for partition of the house property, it could not be done till 1984 because of the stay orders from the superior Courts. It further appears that in 1978, the precept was sent to the Collector for partition of the agricultural land. However, that could not also proceed because of the stay orders. In any eventuality, in 1984, after the disposal of the second appeal, a preliminary decree became executable in respect of the agricultural estate and the house property.

2. It appears that two of the decree-holders, namely, plaintiffs Nos. 3 and 6 compromised with the defendant on accepting the amount of Rs. 5,769.23 Ps. each to the full and final satisfaction of their shares in the decree and accordingly an application was filed in M.J.C. No. 237 of 1978 on 16th December, 1986 and the order accepting the compromise was passed; wherein, a decree was directed to be amended as per pursis Exhibit 53 and the proceedings were proceeded with. It appears that without amending the preliminary decree, however, the amended precept was sent to the Collector on or about 20th January, 1987.

3. On 8th March, 1988, applicant No. 1 (original defendant No. 3) sold 6.05 acres of agricultural land from Survey No. 206/1-Kh (new Survey No. 135/1-K) to applicant No. 2 and one Dr. Mukund Vaidya. However, Dr. Mukund Vaidya kept with him one acre of land while applicant No. 2 got 5.05 acres of land from the said land. On 10th January, 1990, applicant No. 2 sold two acres of land to one Shri Wakodikar out of Survey No. 135/1-K and out of the remaining land, one acre land of that survey number was converted into non-agricultural use on 29th September, 1993 after following the procedure for conversion of the land into non-agricultural use. Thereafter, applicant No. 2 leased out non-agricultural one acre land (Survey No. 135/1-K) to applicant No. 3 - Indrayani Paper Products Pvt. Ltd. on 5th May, 1993 for a period of thirty years. On the said one acre of land, applicant No. 3 constructed a facto

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