( 1 ) THE plaintiff-non-applicants instituted a suit against the applicant on the allegations that on 17-5-1964 accounts were settled between them and the defendant; that an amount of Rs. 7237/- was found due from the plaintiffs to the defendant; that for the payment of this amount the plaintiffs had mortgaged with possession suit lands with the defendant as Per document of that date; that the aforesaid land was mortgaged with possession with the defendant for a period of 8 years as a mode of repayment of the aforesaid amount; that this transaction was against the provisions of the M. P. Land Revenue Code and that in spite of the defendant being called upon to restore the possession of the suit lands, the defendant has not done so.

( 2 ) THE defendant in his written statement denied the allegations made in the plaint and alleged that the relations of a landlord and tenant subsists between the plaintiffs and himself; that the suit lands were leased to him for a period of 8 years; that the document relied upon by the plaintiffs is neither stamped nor registered and that the plaintiffs were not entitled to any relief.

( 3 ) AFTER issues were raised, evidence was recorde