1. The petitioner and respondent no.5 claim to be in cultivating possession of the land in question, to each others exclusion, which locked them in agrarian litigation spreading over vast span of time. In the first round the matter ultimately landed in Special Tribunal where from it was remitted to Commissioner Agrarian Reforms with the direction that he shall visit the spot personally and hold an enquiry in presence of the parties and return a finding regarding earlier mutations attested u/s 4 & 8 of Agrarian Reforms Act in favour of petitioner. Pursuant thereto, the Commissioner went on spot and after examining records, the parties and village community, gave a finding that on relevant cut of date, i.e Kharif 1971, petitioners were in cultivating possession of the land and, accordingly, upheld mutations purporting to have been attested under sections 4 and 8 of the Agrarian Reforms Act. This finding was challenged by respondent before Special Tribunal on the ground that it was not based on factual position on spot, who set it aside with observation that in facts of the case no tenant-landlord relation existed between the parties.

2. Aggrieved thereby, petitioners challenge the sam

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