S.S. Jha, J.

1. This appeal is admitted on following substantial questions of law :-

"(1) Whether the right, title and possession of the plaintiff-appellants were protected over the disputed property under Section 5 of the Madhya Bharat Zamindari Abolition Act?

(2) Whether the provisions of Section 4 (2) of the Madhya Bharat Zamindari Abolition Act are applicable to the claim put by the plaintiff in the suit?

(3) Whether the two Courts below had correctly applied the provisions of Section 4 (2) of the Madhya Bharat Zamindari Abolition Act in dismissing the plaintiffs suit ?

(4) Whether the refusal to grant perpetual injunction was against the established facts and provisions of law ?"

2. I proceed to deal with first question of law. First question of law relates whether the rights of appellants were protected over the suit lands under Section 5 of Madhya Bharat Zamindari Abolition Act (hereinafter referred to as the 'Act'). Section 5 of the Act is reproduced below :--

"5. Private wells, trees, buildings, house sites, and enclosures.--

(a) All open enclosures used for agricultural or domestic purposes and in continuous possession (which includes possession of a former proprietor) fo