( 1 ) THE two appeals were heard analogously and are being disposed of by this common judgment. Misc. First Appeal No. 15/1973 is preferred by the contesting defendants, while Misc. F. A. No. 18/1973 is by the plaintiff, since deceased and represented by his legal representatives.

( 2 ) ON 31-10-1966 plaintiff instituted the suit for declaration, partition and mesne profits in which judgment was rendered on 2-2-1973. Plaintiff's claim was decreed in part. In their appeal (Misc. F. A. No. 15/1973) the contesting defendants have made a grievance not only against the decree passed in favour of the plaintiff but also in favour of defendant 15 by the trial Court.

( 3 ) THE plaintiff came up with a case that in respect of the land of Schedule A of the plaint he was a 'pakka Krishak' with 'mourusi' rights on the material date, namely, 20-6-1950, and that he was 'up Krishak' (Shikmi) in respect of Schedule B land, under Gulab Kunwar, admittedly, a widow. On 20-6-1950 Madhya Bharat Model Farming Society (for short, hereinafter referred to as 'the Society') was formed with those lands and some other lands thrown into hotchpotch by one Harbilas Singh, not impleaded in the suit.