Judgement

VAIDIALINGAM, J. :- The short question that arises for consideration in this appeal, on certificate, is whether the High Court has complied with the direction given by this Court in its judgement D/- 25-1-1968 in Civil Appeals Nos. 1244 and 1245 of 1967 = (reported in AIR 1968 SC 1186) and adjudicated upon the question whether the claim made by the respondent that the tanks and wells in question were constructed on "occupied land" belonging to the Jagirdar within the meaning of Section 5 (c) of the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 (Act 28 of 1951) (hereinafter to be referred as the Abolition Act).

2. The facts leading upon to the present decision of the High Court may be stated: In Samvat 1885 the Ruler of the erstwhile Gwalior state conferred on the predecessor in title of the respondent the Jagir of Mauza Siroli situated in Pragana Gwalior. The Abolition Act came into force on December 4, 1952. Section 3 provides for resumption of Jagir-land by the Government. Under sub-section 3 as the date appointed under Section 3 as the date for resumption of Jagir-land is "the date of resumption". After the issue of notification under Section 3, appointing a date fo