Khas possession under land reform law requires actual cultivatory possession, not a paper claim to title.

Under the Bihar Land Reforms Act, khas possession means actual physical cultivatory possession, not a merely formal or paper right to possess. The saving provision for leased land still requires proof that the intermediary retained effective possession and animus possidendi at vesting. Continuous possession by the tenant since 1925, together with insufficient proof of the intermediary's actual dominion, meant revenue entries could not displace the appellant's longstanding possession. The note also indicates that an enquiry could not bind the appellant without notice and opportunity. On that basis, title was not established through khas possession.

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Issues: Whether the land was in the intermediary's khas possession on the date of vesting so as to attract the saving under the Bihar Land Reforms Act and sustain the respondent's claim to title.

Analysis: Khas possession under the Act means actual cultivatory possession, not a mere right to possess. The inclusive part of Section 6(1)(a) extends protection to certain leased lands, but the intermediary must still show retention of effective possession and animus possidendi. On the facts, the tenant had been in continuous possession from 1925, and the materials did not establish that the intermediary retained actual possession or that the enquiry under Rule 7-E(iii) could bind the appellant without notice and opportunity. Revenue entries alone could not displace the appellant's long and uninterrupted possession.

Conclusion: The land was not proved to be in the intermediary's khas possession, and the respondent was not entitled to a declaration of title on that basis. The appeal succeeded and the decree against the appellant was set aside.

Ratio Decidendi: For the purpose of Section 6 of the Bihar Land Reforms Act, khas possession requires actual physical cultivatory possession by the intermediary, and a mere formal or paper claim unsupported by effective dominion will not suffice.

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