Before the Compensation officer, Mahajan claimed to retain possession of a half share in all the fallow lands in the village which had been leased by him under the deed kabulayat dated May, 24, 1947, to Surat Singh on the plea that these lands were home farm.
Against the order passed by the High Court, the Additional Settlement Commissioner and the State of Bombay, which had by virtue of the States Reorganization Act, 1956, been substituted for the State of Madhya Pradesh, have appealed to this Court with special leave.
This claim was rejected by the Compensation Officer and the order of the Compensation Officer was companyfirmed in appeal by the Additional Settlement Commissioner.
Mahajan then applied to the High Court of Judicature at Nagpur under Art.
By virtue of the sale deed dated May 24, 1947, Mahajan was the proprietor of the undivided half share in the entire village and under the kabulayat he had granted to Surat Singh a lease for cultivation of the undivided half share purchased by him.
Appeal by special leave from the judgment and order dated October 12, 1955, of the former Nagpur High Court in Misc.
The Legislature of the Madhya Pradesh State enacted the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1 of 1951 hereinafter called the Act to provide for acquisition of the rights of proprietors in estates, mahals, alienated villages and alienated lands in Madhya Pradesh and to make provision for other matters companynected therewith.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
281 of 1959.
The Compensation Officer, Yeotmal started an enquiry about assessment of companypensation in respect of the village Dhanora which had vested by the operation of s. 3 of the Act in the State Government.
Petition No.
The Act was brought into operation on March 14, 1951.
R. Khanna and R. H. Dhebar, for the appellants.
N. Kherdekar and A. G. Ratnaparkhi, for respondent No.
The Judgment of the Court was delivered by SHAH, J. Out of a total area of 2,375 acres 3 gunthas of Dhanora an Izara village in Taluka Pusad in the State of Madhya Pradesh 2,283 acres and 28 gunthas is assessed land and the remaining 91 acres and 15 gunthas is unassessed.
One Surat Singh who was the proprietor of the village, by sale deed dated May 24, 1947, companyveyed an undivided half share in the village to Yeshwant Madhao Mahajan hereinafter called Mahajan for Rs.
288 of 1954.
November 20.
1 1961.
226 of the Constitution for a direction quashing the order of the Additional Settlement Commissioner and the Compensation Officer and for a declaration that the lands mentioned in Schedule A attached to the petition be declared home farm and for a writ of mandamus against the State of Madhya Pradesh to deliver possession of all the lands mentioned in that Schedule.
25,000/ and on the same day executed a kabulayat lease deed for five years in respect of the same land for cultivation at an annual rental of Rs.
3,000/ .
