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1980 Supreme(Bom) 26

M.S.JAMDAR, R.S.PADHYE
STATE OF MAHARASHTRA – Appellant
Versus
BANSIDHAR JAINARAYAN SHARMA – Respondent


JUDGMENT

JAMDAR, J.-The respondent Bansidhar, who is a tendu leaves contractor of Gondia, obtained a lease from the ex-Zamindar Devsha Bapu in respect of 53 villages under the Khutgaon Zamindari for a period of 10 years from 1-7-1942 to 30-6-1952 under the lease deed dated 17-8-1939. The lease was in respect of 21 kinds of forest produce including tendu leaves grown in the Zamindari lands in the 53 villages. The consideration for the lease was Rs. 12,000 out of which Rs. 2,000 were paid by way of Nazarana to the Zamindar and the remaining lease money was to be paid by 10 yearly equal instalments of Rs. 1,000. By another lease deed dated 28-11-1946 the lease was extended for a further period of 10 years from 1-7-1952 to 31-12-1962. The consideration for this lease was Rs. 4,500 per year besides Rs. 5,000 by way of Nazarana. During the subsistence of this lease, the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mabals, Alienated Lands) Act, 1950 came into force and by virtue of the provisions contained in sections 3 and 4 of this enactment the proprietary rights of the Zamindar in respect of the Khutgaon Zamindari vested in the State of Madhya Pradesh with effect from 31-3


















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