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1962 Supreme(SC) 218

T. L. VENKATARAMA AYYAR, B. P. SINHA, K. N. WANCHOO, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR
State Of M. P. – Appellant
Versus
Yakinuddin: Firm Daliyabhai Khushalbhai Patel – Respondent


Advocates:
A.G.Ratnaparkhi, G.C.MATHUR, GANPAT RAI, H.N.SANYAL, I.M.SHROFF, N.K.KHERDEKAR, R.N.SRIVASTAVA, S.N.KHERDEKAR, W.S.Barlingay

Judgment

SINHA, C.J.I. : In these appeals the common question of law that arises for determination is whether the respective grants made by the outgoing proprietors in favour of the respondents convey any rights to them, which could be enforced against the appellant, the State of Madhya Pradesh, after the coming into effect of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951)-which will be referred to hereinafter as the Act.

2. It is not necessary to state the facts of each case in any detail because they are not disputed, and nothing turns on the difference in facts. In Civil Appeal No. 229 of 1961, the respondent obtained, by virtue of registered documents, the grant of 24 villages in Balaghat and Mandla Districts, for propagating lac, the lease to expire on July 31,1955. In Civil Appeal No. 281 of 1961, by virtue of two unregistered agreements, the respondent obtained the right to collect tendu leaves in 37 villages upto July 31,1963. In Civil Appeal No. 282 of 1961, the respondent obtained similar rights from the proprietor by virtue of registered agreements, extending up to the end of the year1962. In














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