BAKSHILAL Vs. RAO NARENDRASINGH

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution.

(2.) THE case of the petitioner is as follows: Kunjilal, father of the peti- tioner, was a 'Pukhta Maurasi Kashtkar' of the land in dispute which is situate in village Nimere in Tehsil Dabra, while Rao Lokpalsingh, father of respondent No. 1, was Jagirdar of the said village. As Kunjilal was dispossessed of the land in suit by Rao Lokpalsingh on 15-5-1938 Kunjilal filed a suit against him under ' section 325 of the Quanoon Mai Gwalior on 30-4-1941, in Tehsil Court for possession and damages etc. In this suit Bindrawan, uncle of Kunjilal, was also impleaded as pro forma defendant. During the pendency of the suit both Kunjilal and Rao Lokpalsingh died and their legal representatives were brought on record. THE suit was ultimately decreed on 15-1961 (vide Annexure 'A'). THE respondent No 1 preferred an appeal against the said decision which was dismissed by the Sub-Divisional Officer, Dabra on 5-10-1965 (vide Annexure 'B'). On 27-10-1965 the petitioner filed an application for execution of the decree in the Tehsil Court which passed an order on 28 10-1965. In pursuance of this order the petitioner was put in possession of the land in suit on 31-10-1965 (vide Annexure 'C').

(3.) IT was not disputed before us that after the appeal filed by respondent No. 1 against the decree of the trial Court was