( 1. ) THIS second appeal has been preferred by the defendant, against the judgment and decree of reversal passed by the Appellate Court decreeing the suit of the plaintiff.

( 2. ) IN brief the suit of plaintiff is that Village Nipanya Tonk was the Zamindari village of erstwhile Gwalior Estate and plaintiff was the then Zamindar of the said village. On 2-10-1951 the Zamindari system was abolished on account of the enforcement of Madhya Bharat Zamindari Abolition Act Samvat 2008 (Act No. 13 of 1951), hereinafter referred to as "the Act". According to plaintiff the suit land was in the self cultivation of plaintiff soon before the date of vesting, i. e. , 2-10-1951 as he started cultivation only soon before the date of vesting. Since the land was in the self cultivation of plaintiff before the date of vesting, he became "pacca Krishak" by operation of law and his name was also mutated as such in the revenue record. However, in Samvat 2012 plaintiff was shown as trespasser in the revenue record and this entry was made behind back of plaintiff without issuing notice to him and, therefore, since the suit land was in self cultivation of plaintiff before the date of vesting, he bec