( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution of India seeking to quash the order of the Board of Revenue, dated 31-12-1965 (Petitioners annexure-D) passed in Revenue Revision No. 88-IV/65, as also the order of the sub-Divisional Officer, passed in Revenue Appeal No. 261/63-64, dated 24-101964 (Petitioners Annexure-B ).

( 2 ) THIS case has had a chequered career and the litigation originally started in the year 1954.

( 3 ) THE petitioner. Dangalia filed an application under Section 91 of the Madhya bharat Land Revenue and Tenancy Act. 1950, alleging that he had sublet the lands for three years to the first respondent. Deshraj alias Dost Mohammad and in spite of efflux of time, the first respondent did not surrender back possession, to the said petitioner. Therefore, ejectment of the first respondent was sought. The proceedings for ejectment were dismissed by the Tahsildar. The order of dismissal was confirmed in appeal by the Sub-Divisional Officer. The Commissioner Gwalior division, however, allowed the appeal of the petitioner Dangalia and decreed the ejectment of the first respondent in Revenue Appeal No. 17 of 1954, dated 29-71954. ( 4 ) THEREUPON the first respondent. Deshrai filed a revision before the Board of revenue and by order dated 2-6-1955 passed in Revenue Revision No. 599 of 1954, the Board of Revenue upheld the order of the Commissioner purporting to do so under Section 76 of the Madhya Bharat Land Revenue and Tenancy Act 1950. According to the petitioners, this order of the Board of Revenue became final and binding on the parties. In Pursuance of the same, the first petitioner took possession on 19-7-1955 in Execution Case No. 28 of 1955 from the Court of the tahsildar, Mungaoli. The petitioners thereafter claimed to have been in possession of the disputed land.

( 5 ) THEREAFTER Deshrai (respondent No. 1) filed a Civil Suit in the Court of Shri R. C. Jain. Civil Judge, Class II, Mungaoli, which was registered as Civil suit No. 18 of 1957, and the relief of possession was claimed. The trial Judge dismissed the suit and that decision was affirmed in Civil Appeal No. 12 of 1957, dated 29-1-1959. According to the petitioners the judgments in those cases became final and binding on the parties. In the meantime, the first respondent, Deshraj on 17-31955 fled an application in the Court of the Naib Tahsildar. Mungaoli, under section 21 of the Madhya Bharat Abolition of Jagirs Act. 1951, for conferral of the right of a pucca tenant. According to the petitioners, there were many defects in that application. However, the Naib-Tahsildar, by order, dated 19-7-1955, allowed the first respondent's application. The petitioners' contention is that the Naib tahsildar had no jurisdiction. Against that decision, the petitioners filed an appeal, which also was dismissed and thereafter, they filed a revision before the commissioner. Gwalior Division. The Commissioner referred the case to the Board of Revenue. The Board of Revenue decided the revision in favour of the Present petitioners. However, Deshrai filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the said decisions. The High Court allowed the writ petition and quashed the orders of the Revenue Courts. The said case is reported in Deshraj v. Dangalia, 1964 MPLJ 69. As a result, the order of the Naib tahsildar allowing the petitioner's application under Section 21 of the M. B. Abolition of Jagirs Act. 1951, was restored.

( 6 ) THEREAFTER the dispute started on the execution side about restitution as per section 144 of the Code of Civil Procedure. The Naib Tahsildar vide order dated 23-3-1964 (Petitioners' Annexure-A), passed in Revenue Case No. 1/63-64/21 rejected the application for restitution. Against the said order the first respondent filed an appeal before the Sub-Divisional Officer, which was allowed and the case was remanded for a fresh inquiry vide order, dated 24-10-1964, passed in revenue