JUDGMENT

UNTWALIA, J.:— In this appeal by certificate granted by the Madhya Pradesh High Court the question of law which falls for our determination is whether conferral of Bhumiswami rights on Shri Khushi Lal, respondent No. 1 in respect of the lands in question in accordance with Section 190 of the Madhya Pradesh Land Revenue Code, 1959, hereinafter referred to as the M. P. Code of 1959, by the Revenue Authorities is correct and sustainable.

2. Maulana Shamsuddin, the sole appellant in this appeal, was a Muafidar in the erstwhile State of Bhopal of the disputed lands in accordance with the Bhopal State Land Revenue Act, 1932 (for brevity, the Bhopal Act of 1932). The first respondent claimed to be a Shikmi of the appellant in respect of the lands in question. His case was that the appellant was the occupant of the lands within the meaning of the Bhopal Act of 1932. On the coming into force of the M. P. Code of 1959, the appellant became a Bhumiswami under clause (c) of Section 158 and the respondent became an occupancy tenant under S. 185 (1) (iv) (b). Thus he became entitled to conferral of Bhumiswami rights under Section 190. He applied before the Tahsildar, Huzur, respondent No