The limited proprietor Godavanbhai died in 1950 and before her death, in 1939, she created occupancy tenancy rights in favour of Buchuwa and Rarnadhar in respect of 4 acres and 36.21 acres of land respectively.
An extent of 13 acres remained with her and on her death in 1950, the land came into the possession of her husband, Gajadhar Prasad.
Subsequent to the death of Godavaribhai, in 1951 the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950 came into force.
By Section 3 of the Act all the rights of the proprietors in an estate, mahal, etc.
came to be vested in the State.
Section 4 1 explained the companysequences of such vesting while Section 4 2 provided as follows Notwithstanding anything companytained in Sub section 1 , the proprietor, shall companytinue to retain the possession of his home stead, home farm land, and in the Central Provinces also of land brought under cultivation by him after the agricultural year 1948 49 but before the date of vesting.
Chinnappa Reddy, J. The simple question for decision in this appeal is whether a reversioner who had succeeded to an estate on the death of a female limited owner companyld claim possession of land as home farm land under the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950, numberwithstanding the fact that such land was number in his physical possession on the specified date.
