K.L. Pandey, J.

The questions referred to this Bench are:

(i) Whether the appellant can sue for a declaration of his title on the strength of the registered lease deed dated 4 January 1947?

(ii) Whether he can claim such a declaration even if he has not been in possession of the suit land?

(iii) Whether the word 'possession' in the expression "who immediately before the date of vesting was in possession of any holding as an absolute occupancy tenant or an occupancy tenant" occurring in section 45(1) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, means actual physical possession or merely a right to possession?

The facts of this case, so far as they are necessary, may be briefly stated. One Krishna Chandra Sharma was the proprietor and landlord of village Kishangarh Bhatnora. He executed in favour of his brother-in-law, Beharilal (appellant), a registered patta dated 4 January 1947 without any premium and thereby granted to him occupancy right in respect of 91 acres of land of the village in return for Rs. 40 payable annually as rent. When the Madhya Pradesh Abolition of Proprietary Bights (Estates, Mahals, Alienated Lands) Act