Judgment

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 could claim possession of land as home farm land under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, notwithstanding the fact that such land was not in his physical possession on the specified date. The limited proprietor Godavaribai died in 1950 and before her death, in 1939, she created occupancy tenancy rights in favour of Buchuwa and Ramadhar 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 Godavaribai, in 1951 the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 came into force. By S. 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 consequences of such vesting while S. 4(2) provided as follows:

"Notwithstanding anything contained in subsec. (1), the proprietor, shal