LAXMI KUMARI Vs. RADHEKISHAN

JUDGEMENT

(1.) THIS Letters Patent appeal is against the order of a single Judge of this Court passed on 6 -8 -1959 in a miscellaneous petition under Articles 226 and 227 of the Constitution filed by the appellants.

(2.) THE relevant facts are no longer in dispute. The appellants' predecessor Durgaprasad was the zamindar of several villages in Jashpur State which merged with Madhya Pradesh in 1948. One of those villages was Jakba where the lands in dispute lie. Respondent No. 1 was given theka of the village in 1928 for several years in the first instance, but after the expiry of that period in 1935, his theka was extended for the period of Settlement. As a thekadar, he was personally cultivating all the disputed lands from 1928 till 1950 when by virtue of the provisions in the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Act No. I of 1951) (hereinafter referred to as the 'Abolition Act') the rights of the zamindar as also of the thekadar vested in the State. Proceedings for assessing compensation were started and the bulk of the compensation was given to the zamindar except a sum equal to the net income for one year was given to the thekadar.

(3.) BEFORE we consider the merits of the controversy, we must decide two preliminary objections raised by Shri A. P. Sen, learned counsel for the respondent. These are firstly that no appeal lies under clause 10 of the Letters Patent against an order of a Single Judge refusing to grant a writ and, secondly the petition as also this appeal must fail, as the Deputy Commissioner has not been impleaded.