( 1 ) THIS petition under Article 226 of the Constitution is directed against an order under Section 248 (1) of the Madhya Pradesh Land Revenue Code, 1959, for the eviction of the petitioner from 199 Bighas 11 Biswas of Muafi lands on the ground that he is in unauthorised occupation thereof.

( 2 ) THE material facts, shortly stated, are as follows: there is a temple of Shri Ramji and Shri Hanumanji situate in Gangabaika-Bagicha in Dholpur on the Gwalior-Agra road. During the mutiny of 1857, Maharaja Jayajirao Scindia of Gwalior halted at Dholpur while on his way to Agra and was pleased to endow 300 Bighas of lands in muafi for the upkeep of the temple by a Sanad. The muafi grant was resumed in the year 1939, by the Gwalior Darbar, and the former Pujari, Mahant dwarkadas, was granted a Parwana under Section 13 of the Kawaid maufidaran, in respect of 199 Bighas 11 Biswas of Muafi lands. On 15-61949, thakur Murlidharsingh, the father of the petitioner, obtained the lands on a sub-lease, on a premium of Rs. 230/- per annum, from the former Pujari, Mahant Dwarkadas. Mahant Dwarkadas having died in the year 1954-55, the non-petitioner No. 1, Mahant Ramkishandas, who succeeded to