VATSALABAI RAMCHANDRA PATIL Vs. TOGYA MEGHA

JUDGEMENT

(1.) THIS judgment will also govern Special Civil Applications Nos. 95 to 107 of 1058.

(2.) THE petitioners in all these petitions claim to be the owners of certain lands which are in possession of the tenants who are respondents in these petitions. These lands are situate in the village Umri which was leased out to the predecessors -in -title of the petitioners under the Berar 'Waste Land Rules, 1865. The petitioners have alleged in their petitions that they were proprietors of Umri till the abolition of their proprietary rights by virtue of the provisions of the M.P. Abolition of Proprietary Bights Act, 1950. This fact is not denied by the respondents tenants.

(3.) IT is contended on behalf of the tenants that the land -revenue on the lands in their possession as protected tenants had been announced at the settlement made in the year 1928 and that, therefore, the maximum amount of lease -money which they can be called upon to pay will be five times the amount of land -revenue fixed at the settlement. Mr. Abhyankar, who appears for the petitioners, contends that no such settlement was announced in the year 1928 or at any subsequent time and he further contends that in respect of lands in Izara villages there can be no question of announcing a settlement of land -revenue in respect of lands held by the lessees from the Izardars.