( 1. ) THIS second appeal has been filed by the plaintiff whose suit has been dismissed by trial Court and the appeal has also been dismissed by the impugned judgment and decree.

( 2. ) NO exhaustive statement of facts are required to be narrated for the disposal of this second appeal. Suffice it to say that three persons namely Chunnilal, Ramlal and Nanoolal filed suit against banshilal, Leelakishan, Ram Gopal and State of Madhya Pradesh. The plaintiffs prayed that in the suit property they are having right, title and interest and are possessing the suit property and defendants be restrained from interfering in their possession. It has also been prayed that the plaintiffs are having 1/5 share each in the suit property and accordingly, they are entitled to get their name mutated in the revenue record and the disputed land cannot be declared as surplus under M. P. Ceiling On Agricultural Holding act, 1960 (in short the Act) to the extent of plaintiffs share.

( 3. ) THE case of plaintiff, as borne out from their plaint and the evidence placed on record, is that Shivlal whose wife is Phula Bai was having three sons namely Leelakishan (defendant No. 2), dhanlal and Khushilal. Dha