JUDGMENT :

1. The issue in the present appeal is whether the land recorded as ‘Charnoi’ i.e. Common land for grazing of cattle of villagers vests in State on abolition of intermediaries on 02.10.1951 or it was saved from vesting in favour of proprietor being grove under section 5(f) of the Madhya Bharat Abolition of Zamindari Act.

2. The plaintiffs/respondents filed suit for declaration and permanent injunction with respect to the suit land. They specifically pleaded that the suit land was recorded as Charnoi and it had been used for the purpose of grazing their cattle by the villagers and illegally it has been given to the defendants. Kalu Singh, father of defendant Nos.2 and 3, who was the ex-zamindar filed an application before the Tehsildar praying that the suit land be granted to him because it was recorded in his name before the abolition of Zamindari Rights. The Tehsildar rejected the application. Thereafter, he filed appeals before the Sub-Divisional Officer and Additional Commissioner both the authorities dismissed the appeals. Thereafter, the appeal was filed before the Board of Revenue by Kalusingh. The Board of Revenue vide order dated 2.12.1959 set aside the orders of Te