PANCHAM SINGH Vs. DHANIRAM

JUDGEMENT

(1.) DHANIRAM , non -applicant No.1, instituted a suit for possession under S. 325 of the Quanoon Mal Gwalior State on the allegation that he was wrongfully dispossed by the defendants on July 18, 1950, of his Khud -Kasht land in Khasra Nos. 211/1, 212/2 and 199 of village Khoyala, Tahsil Ambah, District Morena. This suit was instituted on July 12, 1951, in the Court of Tahsildar, Ambah. The Tahsildar passed a decree in favour of the plaintiff and that decree was upheld in all the higher Courts, i.e. the sub -Divisional Officer, the Additional Commissioner and the Board of Revenue.

(2.) THE defence was that Khasra Nos. 211/1 and 212/2 were held by the defendants in Batai from the plaintiff; while Khasra No. 199 was held by the defendant under a Patta from one Ramsanehi, Co -sharer of the plaintiff.

(3.) THE only contention before us was, as was before the Board of Revenue, that since by virtue of the Abolition of Zamindari Act all land vested in the State on October 2, 1951. Dhaniram as an ex -proprieter, could only retain his Khud -Kasht lands, as defined in Sec. 4(2) of that Act. Since Dhaniram was not recorded as in possession in the revenue records of Samvat year 2006, and as the land was not in his possession before the date of vesting. he was not entitled to a decree for possession. As already pointed out Dhaniram was in cultivating possession up to July 18, 1950, when he was dispossessed by the defendants. The lands were recorded as Dhaniram's Khud -Kasht in Samvat year, 2006. Dhaniram had also instituted a suit for possession on July 12, 1951. It was during the pendency of the suit that the Madhya Bharat Zamindari Abolition Act, 1951, came into force i.e. on October 2, 1951 (Samvat year 2008). Section 3 of that Act provides for vesting of proprietary rights in the State as follows :