SHIV DAYAL, J.

1. This is plaintiffs second appeal in a suit for redemption of agricultural land which was mortgaged on June 28, 1922. The suit was instituted in the year 1946. During the pendency of the suit the Madhya Bharat Zamindari Abolition Act came into force on Oct. 2, 1951. The defendants resisted the suit denying the fact of mortgage. The trial Judge passed a decree in favour of the plaintiffs. The lower appellate Court has reversed it on the ground that the plaintiffs did not prove the land to have been their Khudkasht at the time of the mortgage.

2. It is incontestible that the property having vested in the State by virtue of the Zamindari Abolition Act, no decree for proprietary possession could be passed in favour of the plaintiffs. It is true that in the plaint there is no mention of the suit land having been the Khudkasht of the mortgagors in the year 1922 and it is also true that the plaint was not subsequently amended. However, the defendants did not resist the suit on that ground. The first appellate Court has for the first time dismissed the plaintiffs' suit on the ground that since they did not establish that they had been in cultivating possession of the