PUSHPAPRIYADEVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is by the legal representatives of the plaintiff by a certificate granted by the High Court of Bombay (Nagpur Bench) against its judgment and decree dated 12th August, 1966.

(2.) The plaintiff in the suit is the brother of the ex-proprietor of the Ahiri Zamindari, the second defendant, second respondent in this appeal. The first defendant is the State of Maharashtra, the first respondent in this appeal.

(3.) The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, Act 1 of 1951, received the assent of the President on 22nd January, 1951 and was published in the Gazette on 26th January, 1951. The State Government published a notification bringing the Act into force from 31st March, 1951. Before the Act came into force on 31st March, 1951 the plaintiff who is a brother of the second respondent, the proprietor of the estate, took a contract on 15th March, 1951, for cutting the standing trees in the forest known as Hachbodi Nendwadi coupe for a sum of Rs. 50,000. The contract provided that a sum of Rs. 15,000 was to be paid immediately on the date of the execution of the contract and the balance to be paid within six months. The second respondent filed a writ before the Supreme Court challenging the validity of the Act and also of the notifications and obtained an order of stay on 27th March, 1951. The writ petition was ultimately dismissed on 2nd May, 1952 and the stay vacated. After the dismissal of the writ petition filed by the second respondent, the Departments of the Government refused permission to the plaintiff to remove the trees cut. The plaintiff made a representation to the State Government and the Government by a letter dated 12th March, 1953. Ex. P-17, permitted the plaintiff to remove the trees on condition that he deposited Rs. 35,000 Accordingly, the plaintiff paid Rs. 35,000 on 24th March, 1953 and removed the timber.