At the hearing of the appeal the learned for counsel for the appellants urged that the relevant provisions of the Abolition of Proprietary Right Act have been wrongly construed by the High Court; that under section 4 of the Abolition of Proprietary Rights Act, all the rights title and interest of the erstwhile proprietors in the lands and tanks comprised in the notified area vested in the State on and from the date specified in the Notification issued under section 3 of the Act viz. from 31 st March 1951 with the result that the respondents could not claim the right of free irrigation after such vesting; that the original right of free irrigation from the talk was not saved by any provision of the Abolition of proprietary Rights Act; that even assuming without admitting that the respondents ' right of free irrigation continued after 1950, it was finally destroyed by the Madhya Pradesh Land Revenue Code which came into force in 1953 and neither section 7 of the Madhya Pradesh General (clauses Act nor section 225 of the Madhya Pradesh Land Revenue Code saved the same; that the State was empowered under the provisions of the C.P. Irrigation Act, 1931 to recover charges for the supply of water for irrigation from the Navegaon Bandh Tank which had come to vest in it with effect from 31st March, 1951, and that in any event respondents 1 to 8 who were the original owners (ex proprietors) could not claim the right of free irrigation.