STATE OF M.P. Vs. RAMKISHAN

JUDGEMENT

(1.) THIS first appeal by the State Government is directed against the decree of the 1st Additional District Judge, Chhindwara, in Civil Suit No. 2 -B of 1956, decided on 20 -8 -1957.

(2.) THAKUR Dongarshah was the proprietor of village Chawalpani and other eleven villages. He had executed a lease on 1 -12 -1947 in favour of the respondent (plaintiff) granting him a right to pluck tendu leaves from the said twelve villages for the period 1 -4 -1948 to 30 -7 -1952 for a consideration of Rs. 3,100. Later, on 31 -1 -1951, Thakur Dongarshah executed another document (Exh. P -5) under which he granted the respondent a right to collect tendu leaves from the said twelve villages during the period 1 -4 -1953 to 31 -7 -1955 for a consideration of Rs. 3,200. After the coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. I of 1951) - hereinafter referred to as the Abolition Act - a notification was issued on 26 -1 -1951 that the villages would vest in the State Government from 31 -3 -1951. Accordingly, the State Government did not allow the plaintiff to collect tendu leaves during the period of the second lease. The plaintiff's case is that the second lease was binding on the State Government in view of the decision in Firm, Chhotabhai Jethabhai Patel and Co. v. State of Madhya Pradesh AIR 1953 SC 108. Further, on an application by the plaintiff the Deputy Commissioner, Land Reforms, Chhindwara, passed an order on 26 -4 -1951 under section 6 of the Abolition Act declaring that the lease would not be void after the date of vesting. Accordingly, the plaintiff contends that the lease continued valid. He claimed Rs. 12,000 as damages, interest etc. for being deprived of the tendu leaves during the period of the second lease.

(3.) THE trial Court held that the second lease was binding on the State Government and assessed damages, interest etc. at Rs. 12,000 and decreed the claim accordingly. The State Government has, therefore, preferred this appeal.