( 1 ) A preliminary objection has been raised by the counsel for the respondents that the whole appeal has abated on account of the failure on the part of the appellants to bring on record the legal representatives of the deceased Ibrahim khan (appellant No. 3) who died in May 1973. It is, therefore, necessary to first dispose of the preliminary objection.

( 2 ) THE facts of the case are, that one Bakshilal filed a suit for possession, permanent injunction and mesne profits against Shakoor Khan, Akbar Khan, ibrahim Khan and Hadi Khan on 17-9-1954. That suit was registered as Civil suit No. 215 of 1954 and it resulted in a decree in favour of Bakshi Lal by the first appellate Court, namely, Additional District Judge, Vidisha on 18-1-58. It is, however, important to note that only a decree for permanent injunction was passed as it was held that the plaintiff would be deemed to be in possession. The matter went in appeal before the High Court, but the decree passed by the additional Judge was kept intact. Bakshi Lal thereafter filed an application in execution for possession of the land on the basis of the decree for permanent injunction granted in his favour. That app