Judgement

RAMASWAMI, J. :- This appeal is brought by certificate on behalf of the plaintiff from the judgment of the High Court of Madhya Pradesh dated March 21, 1961 in First Appeals Nos. 34 and 64 of 1958.

2. The appellant had purchased a right to pluck, collect and remove the forest produce like lac, tendu leaves etc. from the proprietors of the different Malguzari jungles for the years 1951, 1952 and 1953 as detailed in Sch. A attached to the plaint. This right he had acquired before the proprietary rights in those forests came to vest in the State of Madhya Pradesh under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act. 1950 (Act No. 1 of 1951), hereinafter called the Abolition Act and the right was to be enjoyed by the appellant after April 1, 1951 on which date the proprietary rights came to vest in the State of Madhya Pradesh. It was alleged by the appellant that the Deputy Commissioner of Balaghat acting under Section 7 of the Abolition Act took charge of the entire Malguzari jungles on April 1, 1951 and prevented the appellant from enjoying the rights he had already acquired. In the month of April, 1951 the Deputy Commissioner auct