1. Heard.
This appeal has been admitted on following substantial questions of law :
"(a) Whether under the facts and in the circumstances of the case the first appellate Court was justified in ignoring the Commissioner's report without recording the proper reasons?
(b) Whether under the facts and in the circumstances of the case the first appellate Court was justified in holding that the earlier suit is for the same land?"

2. One Gulaban Bi filed Civil Suit No. 52A / 1962 in the Court of Civil Judge Class - II, Khairagarh against Kale Khan, her tenant for eviction and arrears of land. The suit was eventually decreed in favour of Gulaban Bi. Learned trial Court granted a decree of possession of the suit house as per the map attached with the plaint except portion 'A', 'B' 'C', 'D'. A decree of arrears of land of Rs. 7,000/- was also granted in favour of Gulaban Bi against Kale Khan. Gulaban Bi filed an execution case and in execution of decree, possession of the house and land of the area as indicated in the area specified in decree was handed over to Gulaban Bi.

3. The appellant plaintiff (deceased - Sanwal Ram) filed present Suit No. 59 - A / 1967 in the Court of Civil Judge Class - I