Shiv Dayal, C. J. -

l. Dhaniram, non-applicant No.1, instituted a suit for possession under S. 325 of the Quanoon Mal Gwalior State on the allegation that he was wrongfully dispossed by the defendants on July 18, 1950, of his Khud-Kasht land in Khasra Nos. 211/1, 212/2 and 199 of village Khoyala, Tahsil Ambah, District Morena. This suit was instituted on July 12, 1951, in the Court of Tahsildar, Ambah. The Tahsildar passed a decree in favour of the plaintiff and that decree was upheld in all the higher Courts, i.e. the sub-Divisional Officer, the Additional Commissioner and the Board of Revenue.

2. The defence was that Khasra Nos. 211/1 and 212/2 were held by the defendants in Batai from the plaintiff; while Khasra No. 199 was held by the defendant under a Patta from one Ramsanehi, Co-sharer of the plaintiff.

3. The revenue Courts rejected the defence story and held that the lands in dispute were the Khud-Kasht lands of Dhaniram, who was the Zamindar of the village. Thy were recorded as Khud-Kasht in the revenue records of Samvat year 2006, which is the material year.

4. The only contention before us was, as was before the Board of Revenue, that since by virtue of the Abolition of