Short Note : 1. It is not in dispute that the suit Khasra Nos. 129, area 2.76 acres and 132, area 2.81 acres of village Banori was owned by Oudh Narayan brother of the plaintiffs. On his death these lands were inherited by his father Khushilal. After the death of Khushilal in 1964, the plaintiffs became the owners of the suit lands. The suit lands were mutated in the names of the plaintiffs in 1955. The plaintiffs urged that the defendant was interfering with their possession over the suit lands and so the suit has been filed for permanent injunction restraining the defendant from interfering with their possession over these lands. According to the defendant Oudh Narayan was insane and his father Khushilal was Mukhtiaram and in that capacity Khushilal sold the suit lands to the defendant for Rs. 500 by an unregistered sale-deed dated 21.1.1952, Ex.D-1. Since then the defendant is in possession and is entitled to protect his possession under section 53-A of the Transfer of Property Act. In any case, the defendant became the owner of the suit lands then Khushilal became the owner after the death of Oudh Narayan under section 43 of the Transfer of Property Act. Both the Courts decreed the suit, hence appeal by defendants. 2. This apart, Ex.D-1 nowhere recites that possession was delivered to the defendant in pursuance of this document. Therefore, the defendant is not entitled to avail of the protection under section 53-A of the Transfer of Property Act, as he has failed to prove that he was put in possession in pursuance of this sale-deed. Section 43 of the Transfer of Property Act, has also no application because the document has been executed by Khushilal as Am-mukhtiar of Oudh Narayan and he did not represent himself to be the owner. Besides, the defendant has admitted that Oudh Narayan was insane, if that was so, then he could not have appointed Khushilal as his Am-mukhtiar. There is also no proof on record that Khushilal was so appointed by Oudh Narayan. The defendant's case is further falsified from the revenue record. If it was true that the lands were sold to the defendant on 21.1.1952 vide Ex.D-1 and the defendant was put in possession then the Khasra entry for the year 1952-53 would have shown possession of the defendant, but Khasra for the year 1952-53 has not been filed. The defendant's case is further falsified from the revenue record. If it was true that the lands were sold to the defendant on 21.1.1952 vide Ex.D-1 and the defendant was put in possession then the Khasra entry for the year 1952-53 would have shown possession of the defendant, but Khasra for the year 1952-53 has not been filed. Therefore, an adverse inference can be drawn that defendant's name was not so recorded and this was in spite of the fact that Chaturbhuj (DW-1) was the Patwari of the village and he is a near relation of the defendant. As against this, Khasra for the years 1963 to 1968 shows possession of the plaintiffs. One Ganesh Prasad was the Patwari of the village in the year 1965, who is a relation of the defendant, but still for the year 1965-66 possession of the defendant has not been shown. The defendant is not just an illiterate villager but he is Patel of the village. Two of the Patwaris are his near relations and therefore there is nothing surprising if in the Khasra entries for the years 1954 to 1959 he has been shown as Shikmi. But the defendant has not examined the Patwari to show as to how these entries came to be made and how the defendant became Shikmi. The defendant for the very first time is taking the plea in this second appeal that by virtue of these entries he became the occupancy tenant under section 185 (1) of the M.P. Land Revenue Code and subsequently he became Bhumiswami under section 189 of the Code. Since such a plea was never taken and it is a matter of evidence, it cannot be allowed to be raised for the first time in second appeal. This apart, there is nothing on record to show that defendant was a Shikmi. On the other hand, his case all along has been that he is a purchaser of the snit lands. Appeal dismissed.