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1968 Supreme(SC) 172

K.S.HEGDE, R.S.BACHAWAT
Kumar Shri Digvijay Singhji Hamirsinliji – Appellant
Versus
Manji Savda – Respondent


Advocates:
B.SEN, M.V.GOSWAMY, N.S.BINDRA, S.P.NAIR

Judgement

BACHAWAT, J.: This appeal raises questions of interpretation of certain provisions of the Saurashtra Land Reforms Act 1951 (Act No. XXV of 1951). On June 1, 1947 Narendrasinghji the then ruler of the Virpur State granted certain agricultural lands situate within the State to the appellant, his paternal uncle. On February 11, 1948 Narendra-Singhji and the appellant effected an exchange under which the appellant returned the lands at Matiya and Guda to Narendrasinghji and in lieu thereof was granted certain lands in Kharedi. The lands in Kharedi are the subject matter of dispute in this litigation. On February 17, 1948 the grant was recorded in the "Hak Patrak" of the Virpur State. On March 8, 1948 the administration of the Virpur State was assumed by the United State of Saurashtra. The grant to the appellant was questioned by the Saurashtra Government. Thereafter at a conference called the Jamnagar Conference, it was arranged between Narendrasinghji and the Government of India that the lands in Kharedi should be regarded as lawfully granted to the appellant subject to the condition that the grantee would not evict the cultivators from the land. The arrangement was set out i
















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