H.G. Mishra, J.

This order shall also govern the disposal of Misc. Civil Appeal No. 68 of 1980 (Ranchhod & Ors. v. Purshottam & Ors.), as both the appeals arise out of identical facts and raise similar questions of law.

The defendant-appellant started proceedings under section 21 of the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 (Act No. 28 of 1951) (hereinafter referred to as the Jagir Abolition Act) for acquiring rights of a Pakka tenant in his holding before the Naib-Tahsildar, Dhar. Their claim for acquisition of Pakka tenancy rights was resisted by the plaintiff-respondent Purushottam and his brothers (respondent No. 2 Gopalrao, respondent No. 3 Dhivnarain and Ramchandra, predecessor-in-title of respondents 4 to 8) on the ground that Pakka tenancy rights cannot be acquired by the defendant-appellants-herein because on family arrangement the land in dispute had been allotted to the share of Purushottam alone; that the defendant-appellants were not sub-tenants in possession of the land in dispute; that Purushottam being a person without arm is a disabled person within the contemplation of section 74 of the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (Act N