S.K. Dubey, J.

1. This is a plaintiffs second appeal against concurrent findings of the two Courts below dismissing the suit of the plaintiff for declaration of title, possession and mesne profits claimed at the rate of Rs. 1,000/- per year, in respect of the land situated at Survey Nos. 278 and 279 (new survey No. 216), area 16 Bigha' 12 Biswa', in village Amkheda, Tahsil Chachoda, District Guna.

2. The appeal was admitted on 12-7-1991 for hearing on the following substantial questions of law : --

"1. Whether the plaintiff had acquired the rights of a Bhumiswami?

2. Whether the order directing the prosecution of the plaintiff is in accordance with law?

3. Whether the defendants had a right to take over possession of the land in dispute after the abolition of Zamindari?

4. Had the defendants become 'Pakka' tenant as claimed?"

3. The facts in brief are thus:

According to the plaintiff the land in dispute was given to him on Patta' (ExtP/1) dated 2-8-1943 by Kishorilal, the ex-Zamindar; the plaintiff was recorded as a tenant in the Khasras of Samvat 2007 and 2008; after the enforcement of the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (for short, the 'Act') the plaintiff