( 1 ) I have had the advantage of reading the opinions of my Lord the Chief Justice and my learned brother, Naik J. I fully agree with the conclusions of my Lord the Chief Justice. I had not at first intended to record a separate opinion, but since the main question involved is important, I feel, upon reflection, that I ought to express my opinion.

( 2 ) THE question is whether the lands covered by Clauses (i) to (iv) as enumerated in paragraph 7 of the opinion of my Lord the Chief Justice were Khudkasht lands within the meaning of the Central Provinces Land Revenue Act, 1917 (II of 1917 ).

( 3 ) CLAUSE (5) of Section 2 of the Central Provinces Land Revenue Act, 1917, which defines khudkasht, is as under:

"'khudkasht' means that part of the home-farm of a mahal which is cultivated by the proprietor as such and which is not sir-land: Explanation (1) -- Land allowed to lie fallow according to agricultural practice shall be deemed to be cultivated. Explanation (2) -- In this definition 'proprietor' includes a transferee of proprietary rights in possession, a thekadar or headman with protected status, a mortgagee with possession and a lessee holding under a lease from year to