2000 Supp 3 SCR 293 The following Order of the Court was delivered This appeal is directed against the judgment and order of the High Court of Madhya Pradesh, Jabalpur Bench at Gwalior in Second Appeal No.
The appellants filed the Suit out of which the present appeal arises, for recovery of possession of the suit land against the original defendant son of Gayadeen on the allegation that in Samvat 2008 Gayadeen dispossessed them and therefore they are entitled to recover possession after ejectment of the respondents.
The resolution of the companytroversy in this appeal depends upon the true interpretation of Section 4 2 of Madhya Bharat Zamindari Abolition Act, Samvat 2008 Act 13 of 1951 , referred to in this judgment as the Abolition Act.
385 of 1973 dated March 13, 1987.
They alleged that in the Khasra of Samvat year 2008 their name was struck off and name of one Gayadeen was got written with the companynivance of the Patwari.
The claim of the appellants was companytested by the respondents by pleading that Balku had never abandoned the suit land.
On the date of vesting of the Abolition Act he was in possession and, therefore, he was entitled to all the rights under the Abolition Act.
The appellants right, if any, was to companytinue in possession, if they were in possession on that date but as they were out of possession, they cannot seek recovery of possession from them.
The appellants prosecuted the case in the Second Appeal before the High Court which was also dismissed by the impugned order.
They say that in Samvat year 2005 one Balku was cultivating the Suit land.
They claimed to have become permanent tenant and from October 10, 1959, Bhootniswami.
After that he abandoned it and the appellants cultivated the suit land khud kasht during she Samvat years 2006, 2007 and 2008 and the same is so recorded in the annual village papers Khasra .
In Samvat year 2006 he gave the possession of the land to Gayadeen who remained in possession till his death and thereafter the defendant was cultivating the land.
The appellants are proprietors of the land in dispute within the meaning of Section 2 a of the Abolition Act.
The respondents claimed to be the heirs of the sub tenant of Balku, a gair maurusi Kashtkar.
On these pleading the parties went on trial.
2742, 3080 and 3105 of village Mehgaon, District Bhind erstwhile Gwalior State for short the Suit Land .
The lands in dispute are Survey Nos.
That is how the appellants are in appeal before us.
