K.L. Pandey, J.

This appeal by the plaintiff is directed against the reversing decree of the lower appeal Court by which his claim for possession of certain malik-makbuza plots specified in the plaint was dismissed.

Rani Mankunwarbai was the proprietor of Pandaria Zamindari. Pritram (defendant) held Patharra, a village in that Zamindari, as a thekadar with protected status. In that capacity, he was also in possession of 128.16 acres of home-farm land of the village. Under the provisions of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (hereinafter called the Act), the proprietary rights vested in the State with effect from 31st March 1951. Thereupon, by an order dated 3rd September 1951, the Deputy Commissioner, Land Reforms, Bilaspur, reserved to Pritram the rights of an occupancy tenant in 95.48 acres of the home-farm land. By the same order, the remaining home-farm land was reserved to Rani Mankunwarbai, who was treated as malik-makbuza of the land which was accordingly assessed to land revenue under section 42 of the Act.

It is no longer disputed, though it was contested in the Court of first instance, that, by a sale deed