JUDGMENT

S. C. AGRAWAL, J.:—This appeal by Special leave relates to agricultural lands bearing Khasara Nos. 711/531 and 390 situate in village Jat Bhagola in Rajasthan. Lands measuring 3 bighas and 15 biswas bearing Khasra No. 711/ 531 were mortgaged by way of usufructuary mortgage with Sheo Ram, the father of the respondent, under mortgage deed dated November 19, 1952 executed by Kallu Ram. Lands measuring 1 bigha and 10 biswas bearing Khasra No. 390 were mortgaged by way of usufructuary mortgage with the said Sheo Ram under mortgage deed dated April 26, 1955, by Kallu Ram and the appellant. The appellant and Kallu Ram were Biswedars in respect of those lands. The case of the appellant is that on the death of Kallu Ram his property devolved on the appellant. On February 12, 1959, the Rajasthan State Legislature enacted the Rajasthan Zamindari and Biswedari Abolition Act, 1959, hereinafter referred to as the Act, which came into force on November 1, 1959. In exercise of the power conferred by sub-section (1) of Section 4 of the Act, the Government of Rajasthan issued a notification dated November 3, 1959 whereby the State Government appointed November 15, 1959 as the date for aboli