This appeal is by the plaintiffs. A Bench of this Court had formulated the following substantial questions of law :-

1. “Whether Courts below have committed error in dismissing the suit of the appellant taking into consideration the other suit filed by the deceased defendant Soma Sau against the then recorded Bhoomiswami Digamber and Yuvraj for declaration and injunction claiming the right under the provision of M.P. Vas-sthan Dekhalkar (Bhumiswami Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1980 ?

2. Whether the first appellate Court has committed error in dismissing the application filed by the appellant under Order 41 Rule 27 of CPC for taking the demarcation report on record ?”

Today during the course of hearing, the following additional substantial question of law is framed :

“Whether the dispute pertaining to encroachment could have been decided by the Courts below without appointment of the Commissioner ?”

2. Facts giving rise to filing of the appeal, briefly stated, are that the plaintiffs filed a suit on the ground that they purchased the suit land admeasuring 0.75 acres forming part of Khasra No.205/3 vide registered sale-deed dated 6.7.1990 from Digamber and Yuvraj fo