R.S.NARULA, J.

1. The facts giving rise to this appeal are not in dispute. Bihari Lal was a big land-owner. His surplus area was determined and declared under the Punjab Security of Land Tenures Act, 1953 (hereinafter called the Act), on 28.01.1960. In December that year Bihari Lal died. More than 2 1/2 years later, the area which was surplus in the hands of Bihari Lal was allotted to the tenants who are now respondents before us. Possession of the allotted area was also given to the tenants. On 30.10.1969, Kul Bhushan and others (the sons and widow of Bihari Lal), heirs of Bihari Lal filed a suit for possession of the land in dispute on the ground that there was no surplus land in the hands of the plaintiff-appellants who had become small land-owners after the death of Bihari Lal and before the utilisation of the land, and, therefore, they had been illegally dispossessed of the land which order could not be Justified under the Act. The suit was contested by the tenant-respondents on various grounds which led to the framing of as many as ten issues which are reproduced below:-

"1. When Bihari Lal died?

2. Whether the plaintiffs are his heirs?

3. Whether the plaintiffs were