J.P. Bajpai, J.

1. The short point on which the decision of this appeal rests is regarding the question of the applicability of the provisions of sections 164 and 165 of the Land Revenue Code, 1959, as they stood unamended prior to the amendment of these sections in 1961, to the disposition by will of a house built upon a plot of land held in Bhumiswami rights and situate within the urban area.

2. At the very outset, it was stated by the parties that the challenge on the point of absolute ownership of Mst. Rajakka by adverse possession of the suit house was already given up before the first appellate Court and was not being challenged before this Court. Similarly, the findings that there was no relationship of landlord and tenant and that the will was duly executed and attested were also not under challenge.

3. Thus, the only point on which the claim of the plaintiff for possession of the suit property was disputed was that in accordance with the provisions of the unamended section 165 of the Land Revenue Code, there could be no will in respect of any interest in the land held under Bhumiswami rights and as such, the plaintiffs were not entitled to claim possession of the su