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1952 Supreme(SC) 101

N. CHANDRASHEKAR AIYAR, N. H. BHAGWATI, M. C. MAHAJAN
Firm Chhotabhai Jethabai Patel And Company – Appellant
Versus
State Of M. P. – Respondent


Advocates:
C.K.DAFTARY, G.H.RAJADHYAKSHA, Harbans Singh Doabia, M.C.SETALVAD, M.S.K.Shastri, N.S.BINDRA, R.M.Hajarnavis, R.S.NARULA, RAJENDER NARAIN, RAJINDAR NARAIN, RAJINDER NARAIN NATH, T.L.SHEDVE, V.N.SVAMI

Judgement

CHANDRASEKHARA AIYAR J.: These are petitions under Art. 32, Constitution of India, for directions or order or writs to enforce the fundamental rights of the petitioners to property by prohibiting the respondent, the State of Madhya Pradesh, from enforcing their alleged rights under the Madhya Pradesh Abolition of Proprietary Rights Act, 1950.

2. The several petitioners entered into contracts and agreements, with the previous proprietors at certain estates and mahals in the State under which it is said they acquired the rights to pluck, collect and carry away tendu leaves to cultivate, culture and acquire lac, and to cut and carry away teak and timber and miscellaneous species of trees called hardwood and bamboos. The contracts and agreements are in writing; some of them are registered. There is no dispute about their genuineness and it has not been alleged that they are collusive or fraudulent transactions. Their dates and the several sums of money paid as consideration are set out in the petitions. The petitioners allege that they have spent large sums of money in the exercise of their rights, and this fact too is not controverted.

3. Petitions Nos. 232, 233, 286. 309 and 3









































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