IMPORTANT POINT
Benefit of Section 4(2) of Madhya Bharat Zamindari Abolition Act could not be denied to an ex-proprietor who had been illegally deprived of his right to possession and cultivate khudkasht lands or a plea that he was not in physical cultivating possession.

JUDGMENT

Dharmadhikari, J.-This appeal has been preferred by the Legal Representatives of the original plaintiff. The original defendants are also dead and are now represented by their Legal Representatives. The plaintiff sought eviction of the defendant and possession of the suit lands. The suit was dismissed throughout and decree has been confirmed in the second appeal by the High Court.

2. Shorn of details, the question involved is whether the suit lands which continued in possession of the defendants even after expiry of their term of lease, can be claimed by the plaintiff landlord, as his Khudkasht lands of which he can retain possession as an ex-proprietor under sub-section (2) of section 4 of Madhya Bharat Zamindari Abolition Act, 1951 [for short the Act ].

3. The relevant facts as concurrently found by all the courts and are no longer in dispute are as under :-

The plaintiff Virendra Singh was proprietor or Zamindar of Survey No. 216 of village Kanawat, District Bhind. The suit lands in that Survey were recorded up to Samvat 1999 [corresponding to the year 1942] as Zamindar s Khud-kasht lands as defined in section 2(c) of the Act. Under Gwalior-Mal-Qanoon which was the revenue law application to the agricultural lands of the Gwalior region of erstwhile State of Madhya Bharat, Khud-Kasht lands could be leased by the proprietor for cultivation. A lease for a period of eight years was granted to the defendants. On expiry of the period of lease i.e. in July 1951, the proprietor promptly instituted eviction proceedings in the Revenue Court under the Gwalior-Mal-Qanoon, for obtaining possession of the land. The proceedings for eviction instituted prior to the coming into force of the Act did not fructify in favour of proprietor. Those proceedings terminated as inconclusive because the Legal Representatives of one of the tenants were not brought on record.

4. Proprietary rights were abolished by the Act which came into force on 25.6.1951 and with effect from the notified date 02.10.1951, all proprietary rights of proprietors in accordance with the provisions of section 3 of the Act stood vested in the State. Section 4(1) enumerates the various kinds of rights, title and interest of the proprietors which were divested and vested in State. Sub-section (2) of section 4 of the Act allowed the proprietor to remain in possession of his Khudkasht land which is so recorded in annual village papers before the date of vesting. The lands which were in personal cultivation of the proprietor have been described as Khudkasht . Khudkasht is defined under section 2(c) of the Act as under:-

"Section 2(c) : `Khud-kasht means land cultivated by the Zamindar himself or through employees or hired labourers and includes sir land."

5. Sub-section (2) of section 4 saves Khud-kasht lands in favour of the proprietor to be retained by him. It is a provision directly for interpretation and application to the facts of the case and reads as under :-

"Section 4(2) : Notwithstanding anything contained in sub-section (1), the proprietor shall continue to remain in possession of his khud-kasht land, so recorded in the annual village papers before the date of vesting."

(Emphasis added)

6. All proprietary rights stand abolished by Section 3 of the Act. In accordance with Section 41 of the Act, tenants of various categories described therein and proprietors holding Khudkasht or Sir lands are to be deemed to be tenants of the Government from the date of vesting. Section 41 reads as under :

"41: Tenant to be deemed to be a Government s tenant from the date of vesting and Revenue Administration and Ryotwari Act to apply to the vested land - When the proprietary rights in any village, Muhal, land, chak or block are vested in the State under Section 3 of this Act, every Sakitulmilkiyat, Pacca Maurusi, Mamuli Maurusi, Gair Maurusi tenant of such village muhal, land, chak or block who was in possession of any holding shall from the date of vesting, be deemed to be a tenant