GRAM PANCHAYAT PATHARIYA Vs. DR. K.K. TIWARI

JUDGEMENT

(1.) PLAINTIFF Rao Bahadur Gourishankar Tiwari filed a suit before the Civil Court in connection with the possession of the land and also for damages. During the continuance of the suit, the plaintiff died and his L. Rs. were substituted.

(2.) THERE is no dispute that the plaintiff Rao Bahadur Gourishanker was, as a consequence of Abolition of Proprietary Rights in Estates by means of M. B. Abolition of Proprietary Rights (Estates, Mahals and Alienated Lands) Act. 1950 (for brevity hereinafter referred to as the Act). The estate of the deceased by virtue of the provisions of section 3 thereof vested in the State of Madhya Pradesh. Section 5 of the said Act provides for certain properties to continue in possession of proprietor or other person. Sub -section (g) of Section 5 is extracted below :

(3.) THE fact and law both in the present case are in a circumscribed limit. Here the question is different. In clause (g) of Section 5 of the Act, the word "settle" had been used and the settlement can be done only when one gale rights in his favour.