STATE OF MADHYA PRADESH Vs. KUNDAN SINGH

JUDGEMENT

(1.) THE State of Madhya Pradesh as defendant has preferred this second appeal, which was admitted by this Court on the following substantial question of law :

(2.) BRIEF facts leading to this appeal are thus : The plaintiff/respondent, an ex -proprietor a Zamindar instituted a suit for declaration and permanent injunction in respect of suit land situated at Survey No. 105, area 38 bighas 16 biswas, in village Battisa, Tehsil Basoda, District Vidisha, on the averments that he was recorded as Khudkasht in the Revenue records of Samvat 2007, that is prior to the date of enforcement of the M.B. Zamindari Abolition Act Samvat 2008 [Act No. 13 of 1951 (Samvat 2008)] (for short the '2008 Act'), on 7 bighas of land his crops were standing and remaining land 31 bighas and 16 biswas was his Shamil Jot' over which grass was grown. The land 31 bighas and 16 biswas being part of Survey No. 105 did not vest in the State u/S 4 (2) of the 2008 Act. The State contested the suit. The Courts below, placing reliance on a decision of this Court, in Bindraban v. State o/M. P., 1967 RN 109 decreed the suit.

(3.) IN case of Khumansingh (supra) a Division Bench of this Court considered the definition of 'Padti Jadeed' u/S 2 (6) of the Quanoon Mal, Gwalior State and, on comparing the provisions of the two Acts, that is M.P. Abolition of Proprietary Rights Act, 1950 and the 2008 Act, has laid down that the expression 'Khudkasht' only means that part of the land which was under personal cultivation. Where part of the Khasra number was recorded Alawa Jot, i.e. not under personal cultivation during the years 2006, 2007 and 2008 it could not be recorded as Khudkasht. It was further observed that there is no warrant for the submission that when a part of the land bearing a particular Khasra number was under cultivation, entire land taken as a suit has to be under law, treated as under cultivation, as under Section 2 (6) of the Quanoon Mal, Gwalior State, 'Padti Jadeed' means land which remained uncultivated for more than three years.