JUDGMENT

Shivaraj V. Patil, J.-The appellants are the legal representatives of Padhiar Jagdevsinhji Ramsinhji who was ex-ruler of erstwhile State of Umeta which comprised of five villages including Umeta. According to him, the lands of these villages belonged to him. In the year 1948, the State of Umeta was merged into India under the Merger Agreement dated 24.05.1948. The land bearing Survey No. 410 which is the disputed land is situated at village Umeta. By virtue of Merger Agreement, this land was also given to ex-ruler as Talukdar. The land bearing Survey No. 410 comprised of large area -742 acres and 32 guntas. The Bombay Talukdari Tenure Abolition Act, 1949 (for short the Act ) came into force on 15.8.1950. According to the respondent-State, the said land bearing Survey No. 410 vested in the Government by virtue of Section 6 of the Act. The Government transferred 560 acres out of this land to the District Panchyat, Kheda. Hence, the ex-ruler filed Civil Suit O.S. No. 5 of 1970 contending that the transfer of the land by the Government in favour of the District panchyat was wrong as it belonged to him and Government had no authority to transfer the land when the said land had