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