BHANTABAI Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) BEING aggrieved by the order dated 31-10-2000 passed by the learned Single Judge in Writ Petition No. 533/1984, appellants have filed this appeal under Clause 10 of the Letters Patent.

(2.) A brief resume of the facts required to be stated for the disposal of the appeal is that the appellants are the legal representatives of Bheekam Singh. This Bheekam Singh was a grand son of Halke Singh who was a Malguzar of Village Baroda, Tehsil Sihora, District Jabalpur. The land in question, i. e. , Khasra Nos. 240/1 and 240/2 admeasuring 20 acres was under the personal cultivation of Malguzar Halke Singh as kudh kast land. After death of Halke Singh his widow Smt. Chaina Bai came in possession of the land in dispute. In the year 1948-49 the land was under the control and occupation of Bheekam Singh and his grand mother Smt. Chaina Bai. A large number of Palash and Chhewla trees were standing on the land. The owners of the land used to collect lac from these trees. Thus, according to the appellants the land was under cultivation.

(3.) IT is put forth by the appellants that after coming into force of M. P. Abolition of Proprietary Rights (Estates Mahals, Allienated Lands) Act, 1950, (hereinafter referred to as the 'act'), the land in question was declared to have been vested with the State Government without giving any opportunity of being heard to the proprietor. However, the land in dispute continued to be in physical possession of Bheekam Singh who after the coming into force of the Act converted the same into agricultural land, and started growing Rabi and Kharif crops. The appellants developed and improved the land by taking the loan from Bhumi Vikas Bank.