JUDGMENT

KANIA, J. :—The appellants before us are the heirs and legal representatives of one Wali Mohammad. Respondents 1 and 2 are the sons of one Ram Kumar. Respondent 31st the Board of Revenue, Allahabad.

2. On May 22, 1928 Wali Mohammad executed a usufructuary mortgage in favour of Ram Kumar and Shiv Kumar in respect of two plots. According to Wali Mohammad, he redeemed the said mortgage and took possession of the said plots in the beginning of Fasli Year 1354 (period from 1-7-1946 to 30-6-1947) and continued to be in possession thereof. On December 28, 1953 Ram Kumar moved an application under S. 232 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the said Act"), for getting possession of the said two plots from Wali Mohammad on the ground that his name was recorded in the Khasra and Khatauni of 1356 Fasli and, therefore, he was the Adhivasi of the said plots. This was contested by Wali Mohammad. The Sub-Divisional Officer found that Wali Mohammad was in possession of the said plots since the redemption of the said mortgage and dismissed the suit of Ram Kumar. That decision was confirmed by the Additional Commissioner on appeal holding t