- (1.)THIS second appeal has been filed at the instance of plaintiff No. 1- Bhagwandas against the judgment and decree passed by two Courts below dismissing the suit of plaintiffs for deletion of the names of defendant No. 1and his late brother Bindua @Bichhua, Nadua as well as Late Mahadevi and Somvati from the revenue record. The State of M.P. was arrayed as pro forma defendant.
(2.)THE plaintiffs are Bhagwandas and Gopaldas. THE respondent No. 3 Gopaldas is plaintiff No. 2 in the plaint.
According to the plaintiffs, they are the joint Bhumiswamis having equal share in the suit property- This has also been endorsed in the revenue record and they are also paying the land revenue. According to the plaintiffs, they are also possessing the suit property. Further it has been pleaded that in the revenue record the names of defendant No. 1 -Shriram and his late brothers Bindua @ Bhichhua, Nadua and sister Mst. Mahadevi and Somvati are recorded as occupancy tenant which is a wrong entry made in the revenue record, because they never cultivated the land in question nor paid any land revenue, the plaintiffs are possessing the suit property as Bhumiswami.

According to plaint para 3 the occupancy tenants Bindua @ Bichhua, Nadua, Mahadevi and Somvati have died 15,17, 30 and 15 years ago respectively prior to the date of filing of the suit and defendant No. 1 is the sole heir of these dead persons hence, the plaintiffs have filed the present suit with a prayer to delete the names of those persons who have been wrongly recorded as occupancy tenant in the revenue record.

(3.)THE defendant No. 1 filed written statement and refuted the plaint averments. THE State of Madhya Pradesh has been impleaded as formal defendant as it has been arrayed as defendant in terms of Order 1 Rule 3B CPC (State amendment).
The learned trial Court framed necessary issues and after recording the evidence of the parties, inter alia found the suit to be not maintainable and dismissed the suit on the ground of maintainability as well as on merits.