Judgement

SHELAT, J. :- The appellant is the ex-jagirdar of certain villages called Jagir Nevri Bhorasa. It appears that while the jagir was in his possession he had constructed roads one of which is the road connecting Bhorasa with Dewas Astha Road. The road about 11/2 miles in length was lined on both sides with mango trees. 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. 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. 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 constituted a "grove" within the meaning of S. 5 (b) (iv) of the Act and therefore continued to belong to him. The Tehsildar rejected the application. The appellant s appeal and thereafter a revision before the Board of Revenue were also likewise rejected. 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 could not be said to constitute a "grove". The appellant has filed his appeal after obtaining special leave.

2. The only question arising in this appeal is whether the said trees standing on the two sides of the said road can be said to be a "grove" within the meaning of Section 5 (b) (iv).

3. The Act was passed for resumption of jagir lands in the State and to carry out certain land reforms in the jagir areas. Section 3 provides for the date of resumption and Section 4 (1) lays down the consequences of resumption. Under sub-section (1) of that section, the right, title and interest of a jagirdar in his jagir lands including forests, trees, fisheries, tanks, wells, ponds etc., stand resumed to the State as from the date of resumption. The section also provides for resumption of the right, title and interest of the jagirdar in all buildings on jagir lands used for schools, hospitals and other public purposes. Section 5, however, provides that notwithstanding anything contained in Section 4 the jagirdar shall continue to remain in possession of land cultivated personally by him; of open enclosures used for agricultural or domestic purposes and in continuous possession for twelve years immediately before the date of resumption, all open house sites purchased for valuable consideration all private buildings, places of worship, and wells situated in, and trees standing on lands included in the aforesaid enclosures and house sites and/or land appertaining to such buildings or places of worship within the limits of village sites. Sub-cl. (iv) of Section 5 (b) reads as under :-

"all groves wherever situate belonging to or held by the Jagirdar or any other person, shall continue to belong to or be held by such Jagirdar or other person, as the case may be, and the land thereof with the areas appurtenent thereto shall be settled on him by the Government according to the provisions of the Madhya Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act, Samvat 2007."

Under cl. (c) also the jagirdar is allowed to continue to remain in possession of all tanks, trees, wells and buildings in or on occupied land belonging to or held by the jagirdar or any other person.

4. These provisions show clearly that the legislature has used the word "trees" at three places in three different contexts: in secs. 4 (a), 5 (b) and 5 (c) apart from the expression "all groves wherever situate" in sub-cl. (iv) of sec. 5 (b). Whereas under sec. 4 (a) the trees are to vest in the State Government along with the forests, fisheries etc., the trees mentioned in sec. 5(b) (iii) and (c) are allowed to continue to belong to and be held by the jagirdar. Obviously the word "trees" in these provisions has not been used in any un