BAPURAO Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent against the order of Choudhuri J., in Miscellaneous Petition No. 438 of 1955 decided on 13 -12 -1956.

(2.) THE Appellants were the Petitioners and are the tenants and residents of Mauzas Saikheda and Khaperkheda in Sausar Tahsil of District Chhindwara. They claim that for their agricultural work they go to their fields by using the foot -path (Pagdandi) through Khasra No. 190 which is the malik -makbuza of Respondent No. 3 Gangadhar who is the ex -proprietor of village Saikheda. They made an application to the Additional Deputy Commissioner for recording the above foot -path through Khasra Nos. 196, 195, 189 and 190 as a custom in the wajib -ul -arz under Section 47(2) of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. 1 of 1951). The Additional Deputy Commissioner found the custom proved and in spite of objections raised by Respondent No. 3, ordered the recording of it in the village wajib -ul -arz.

(3.) THE learned Counsel for the Petitioners contends that the provisions of Section 47 of the Abolition of Proprietary Rights Act are not controlled by the provisions of Section 46 of the C.P. Land Revenue Act and in so far as the Board of Revenue has refused him the relief claimed on this basis, its order is liable to be set aside.