ORDER

This appeal is directed against the judgment and order of the High Court of Madhya Pradesh, Jabalpur Bench at Gwalior in Second Appeal No. 385 of 1973 dated March 13, 1987. The resolution of the controversy 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.

2. The appellants are proprietors of the land in dispute within the meaning of Section 2(a) of the Abolition Act. The lands in dispute are Survey Nos. 2742, 3080 and 3105 of village Mehgaon, District Bhind (erstwhile Gwalior State) (for short the Suit Land). 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. They say that in Samvat year 2005 one Balku was cultivating the Suit land. After that he abandoned it and the appellants cultivated the suit land (khud-kasht) during the Samvat years 2006, 2007 and 2008 and the same is s