1. Special leave granted Heard both the sides. It appears that attention has been focused principally on the question as regards the inference arising from the entry made in the revenue records as per the order of the Tehsildar dated February 11, 1957. The concerned courts have not concentrated on the question regarding the actual possession on the basis of the evidence adduced by the parties in an appropriate manner. Under the circumstances the appeal is allowed. The order passed by the High Court and Board of Revenue as also the order passed by the Commissioner are set aside. The matter is remitted to the Commissioner, Jhansi Division for a fresh decision in accordance with law on the basis of evidence regarding actual possession placed before the court. In doing so the competent authority shall not be influenced on way or the other by the view which has been taken from time to time on this question in the past. The appeal is disposed of accordingly. No costs


2. Status quo regarding possession will continue in the sense that whoever was in possession on the date of institution of the special lea

ve petition and during the pendency thereof will continue in possession till the matter is disposed of in accordance with law.