V.R. Newaskar, J.

The facts giving rise to this petition are few and simple. Petitioner Daryaosingh had held lands, which are the subject-matter of this petition, as Gair Maurushi Khashtakar from opponent No. 1 Pyarelal who was the Zamindar of the village Bhardi (District Shajapur) where the lands are situate. Pyarelal later obtained a decree for ejectment against the petitioner on 16-5-1948 on the ground that the said land was required by him for personal cultivation as he had not in his possession 40 Bighas of land permitted by law for the purpose. This was done by him in pursuance of the provisions of sections 318 and 319 of the Qanoon Mal. However he after obtaining petitioner's ejectment did not act to his representation that the land was needed for his personal cultivation and led it out to opponent No. 2 Isharsingh. Under section 319-A of the Qanoon Mal the petitioner could take proceedings in these circumstances for possession of land for cultivation in the same capacity in which he had held the same earlier i.e. as a Gair Maurushi Kashtakar subject to payment of rent which he used to pay in the past. This he did on 6-10-1951. But prior to this Madhya Bharat Zamindari A