S. P. BHARGAVA, J. :- By its order, dated 7-9-1962, the Board of Revenue reversed the order of the Courts below and rejected the prayer of the petitioners for execution of their decree by delivery of possession of the land in suit, It held that the decree in favour of the petitioners for delivery of possession of the suit land had become inexecutable on the Madhya Bharat Zamindari Abolition Act, Samvat 2008 (No. 13 of 1951) (hereinafter called the Abolition Act) coming into force on 2-10-1951. This petition under Arts. 226 and 227 of the Constitution challenges the validity of the said order and seeks to have it set aside.

2. The relevant facts, briefly stated, are as follows : Nirbhaisingh, who was the predecessor-in-interest of the applicants, and the 7th respondent Mehtabsingh, had instituted a Revenue Case No. 100 of samyat 2001 in the year 1944 under Sections 326 and 329 of the Qanoon Mal of the erstwhile Gwalior State against Ghasiram, Dharsingh, Prabhulal and deceased Uttamsingh who was the predecessor-in-interest of the 4th and 5th respondents. In the Plaint, It was alleged that the bir land in suit measuring 57 bighas and 7 biswas situated in village Jugyai was own