RAGHUBIRPRASAD GOUR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE present appeal (No. 46 of 1954) and the connected Appeals Nos. 48, 50 and 141 of 1954, were filed by the Plaintiffs of four different suits which were dismissed by the lower Court. All the appeals were jointly argued as they involve common questions of law and fact. This judgment shall dispose of all the appeals.

(2.) F .A. No. 46 of 1954. -The Appellants were proprietors of village Narri, and of full share of Patti No. 4 and half share of Patti No. 3 of village Somalwara, tahsil Seoni -Malwa, district Hoshangabad. The lands mentioned in schedule A of the plaiut were held by tenants at the time of the last settlement and acquired by the Plaintiffs from them. They were subsequently recorded as Chhota ghas in the village papers. Schedule B contains lands which were continuously recorded as chhota ghas since the last settlement.

(3.) IT was not disputed that neither of these conditions is satisfied in any of the suits. It was, however, urged on the authority of Rahmatullah v. Mahabirsingh 1955 N.L.J. 1 that as the lands were khudkasht and should have been so recorded in the annual papers for the year 1948 -49, they must be deemed to be the home -farm of the Appellants.