( 1 ) THIS is defendants' second appeal, arising out of the Appellate Judgement and Decree dated 22nd August, 1978, passed by the District Judge, Mandsaur, in Civil Regular Appeal No. 44-A of 1976, thereby, confirming the trial Court's Judgement land Decree with slight modification in annual mesne profits, which has been reduced from 1500/- to 1000/ -.

( 2 ) PLAINTIFF/respondent brought a suit, based on title for possession of agricultural land, bearing survey, Nos. 990 and 1000, admeasuring 5. 662 Hactares, situated in village Barkheda Gangasa, tahsil Garoth, District Mandsaur. The original defendant Hajeri Khan, entered into an agreement with the plaintiff/respondent's mother to purchase the suit land. It was in pursuance to this agreement that he continued to remain in possession of the suit land and cultivate the same on 'adh-batai'.

( 3 ) ON 21-8-1941, Hajari Khan, moved an application (Exhibit P-3) before the competent revenue authority known as 'suba' praying for permission for sale of the suit land in his favour, as such permission was required to be obtained under Section 45 of Indore Land Revenue and Tenancy (Act No. 1 of 1931), but the same was refused vid