LAWS(MPH)-1997-8-14

STATE OF M P Vs. RADHA KRISHAN SINGH

Decided On August 01, 1997
STATE OF MADHYA PRADESH Appellant
V/S
RADHA KRISHAN SINGH Respondents

JUDGEMENT

(1.) HEARD counsel. On the strength of the decision given by the Supreme Court of India in the case reported as Chandrojirao Angre v. State of M. P. , 1968 MPLJ 279 (SC), 1968 RN 270, the learned counsel for the plaintiff/respondents seeks to sustain the concurrent findings recorded by both the Courts below.

(2.) THE facts in brief are as under : The dispute in this appeal is with regard to survey numbers 124 and 125 of village Pratappura, tehsil Mehgaon, dist. Bhind. These are shown in column No. 6 under the ownership of one Zamindar, Ramkran. Against these survey numbers entry shown to be is 'grove-lands'. Neem and Mango trees standing on these two survey numbers. A well is also located. 2. A. It is on the basis of this, the relevant record of samvat 2007, which is exhibit P/7, is sought to be examined. Earlier to this, in samvat 1999, the nature of the land remains the same. Against these two survey numbers entry made is the same as in samvat 2007 i. e. , Neem and Mango trees are shown to be standing on this land.

(3.) IT is on the basis of the above, it is argued that the land would not vest in the State in terms of Section 5 (1) (f) of the Madhya Bharat Zamindari Abolition Act, Samvat 2008. This section reads as under :