ARYA PRATINIDHI SABHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE four appeals (F. A. Nos. 181 to 184 of 1953) filed by plaintiffs arise out of the judgment and decree in civil suits 10-A to 13-A of 1952 in the Court of Civil judge, Class I, Raipur. They have been heard together and this judgment governs the disposal of all the four appeals.

(2.) THE following facts are not disputed : the village of Sonekhan Tahsil Baloda-bazar District Durg was held by one James Patrick Meek who got the same from the Government under a conveyance dated 4th July 1365 under Waste Land Mahal Rules in absolute rights (Jar-kharidi rights) free from the liability to pay land-revenue. The said James Patrick transferred his interests in the village to james Handersen in 1905 and James Handersen transferred them to jaydeosingh, Dalip-singh, Tularam and Udairam. The village was divided into four Pattis and each of the plaintiffs came to own one Patti out of the four in due course.

(3.) IN 1943, C. P. and Berar Land Revocation of Land Revenue Exemptions Act (Act 38 of 1948) was enacted and acting under that authority, the Government has assessed all these four Pattis to land revenue. The land-revenue has been partly realised and the Government is threatening to recover the rest. It was contended on behalf of the plaintiffs that the demand for land-revenue is illegal and void. Accordingly, it was prayed that the Government should be restrained from recovering the amount and should further be ordered to refund what they have already recovered.