Judgment

SUBBA RAO, J. : These two appeals by special leave are filed against the common judgment of a Full Bench of the High Court of Judicature at Nagpur in writ petitions Nos. 22 of 1955 and 274 of 1955 filed by respondents 1, 3 to 6 herein in the said Court.

2. The facts in Appeal No. 370 of 1960 may be stated first. Respondent 1, Seth Balkishan Nathani, was the proprietor and lambardar of Mouza Sonpairi in Tehsil and District Raipur. On January 14, 1947, he executed perpetual pastas in favour of his wife, Yashodabai, since deceased, and respondents 4, 5 and 6 in respect of khudkasht and grass lands of Mouza Sonpairi. In Tabdili Jamabandi of the year 1941347 the said lands were recorded as the Occupancy Tenancy Holdings of the said respondent 4 to 6 and respondent 2, Govindlal Nathani, the legal representative of Yashodabai. The same entry was found in the Jamabandis of the subsequent years. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, l950 (1 of 1951), hereinafter called the Act, came into force on January 22, 1951. Thereafter in due course the estate of the said proprietor was duly notified under S. 3 of the Act. On March 25, 1952,