Ram Murti Rastogi, J.

l. This second appeal by the plaintiff is directed against the judgment and decree dated 29th January 1974, passed in Regular Civil Appeal No. 2-A/1968 by the learned Additional District Judge Datia, whereby the decree and judgment, dated 13-1-1968, passed in Civil Suit No. 86-A/1965 by the Civil Judge, Class II, Datia, was reversed, where in the plaintiff's suit was decreed.

2. The facts not in dispute are that the suit lands (Khasra No. 371, area 4.22 biswa; Khasra No 520, area 1.80 biswa; and Khasra No. 541, area 42 biswa: situate at village Chakkebu, Tahsil and District Datia) were the Jagir lands of the defendant No.1 Chhatrasal Singh (who is since dead and is represented by his legal representatives before this Court). Chhatrasal Singh was the then Jagirdar of the village. Plaintiff Gambhira, defendant No.1 deceased Chhatrasal Singh and the defendant No.2 Punna were real brothers. Plaintiff Gambhira and defendant No.2 Punna were the tenants of the deceased Jagirdar Chhatrasal Singh in the suit lands. They were dispossessed from the suit lands by the deceased Cbhatrasal Singh in 1950. Within six months of the dispossession, the plaintiff and defend