The Act was passed for resumption of jagir lands in the State and to carry out certain land reforms in the jagir areas.
The appellants appeal and thereafter a revision before the Board of Revenue were also likewise rejected.
Appeal by Special Leave from the Judgment and Order dated the December 7, 1961 of the Madhya Pradesh High Court Gwalior Bench in Civil Misc.
The Tehsildar rejected the application.
The appellant has filed this appeal after obtaining special leave.
By his application dated February 8, 1955 the appellant objected to the said auction claiming that the said trees were planted and reared by him, that they companystituted a grove within the meaning of s. 5 b iv of the Act and therefore companytinued to belong to him.
Under that Act, the right, title and interest of the appellant in his said jagir were extinguished and the jagir lands vested in the State.
In 1955, the Tehsildar put up the mangoes grown on the said trees for public auction.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Sen, B. D. Gupta, Rameshwar Nath and Mahinder Narain, for the appellant.
The appellant then filed a writ petition in the High Court of Madhya Pradesh but that also was dismissed on the ground that the said trees companyld number be said to companystitute a grove.
N. Shroff, for the respondent.
77 of 1959.
Petition No.
98 of 1965.
In 1951 the Madhya Bharat Abolition of Jagirs Act, 28 of 1951 hereinafter referred to as the Act was passed for resumption of jagir lands in the State.
It appears that while the jagir was in his possession he had companystructed roads one of which is the road companynecting Bhorasa with Dewas Astha Road.
The road about 1 1/2 miles in length was lined on both sides with mango trees.
The Judgment of the Court was delivered by Shelat, J. The appellant is the ex jagirdar of certain villages called Jagir Nevri Bhorasa.
