Hidayatullah, J.

1. This is a Letters Patent appeal against the judgment of Bhutt. The respondents filed a suit for possession of 815.40 acres of land and Rs. 1.900 as damages against the appellant. The trial Judge, Shri S. M. I. Alvi, decreed the plaintiff's claim for possession of land and Rs. 1,500, as damages. The defendant filed an appeal before the District Judge, Chhindwara, who upheld the decree of the trial Court. The defendant's second appeal also failed before the Single Bench of this Court.

2. In order to appreciate the points in controversy, it is necessary to go into the previous history of the lands. Raja Gokuldas the grand-father of the plaintiff-respondents' mother Rajkumaribai) along with his nephew Rai Bahadur Ballabhdas was the proprietor of village Chhuie in Seoni Tahsil The said area of land, which at that time was about 803 acres and classed as 'forest area', was adjacent to the village Chhuie and formed part of the village, as per revenue records. It was at the time of the Settlement in the year 1918 that this area along with some more land, that is, in all 815.40 acres, was formed into a separate survey number 359/1 and named as village Dundal-Kheda.

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