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1972 Supreme(MP) 141

J.S.VERMA, SHIV DAYAL
STATE OF M. P. – Appellant
Versus
JHANKAR SINGH – Respondent


Advocates Appeared:
C.P.SEN, J.P.BAJPAI

SHIV DAYAL, J.

( 1 ) ON the vesting of the Malguzari villages under the M. P. Abolition of Proprietary rights Act, 1950 (No. 1 of 1951) (hereinafter referred to as the Act), on september 28/29, 1951, the Conservator of Forests. Eastern Circle, put to auction the right to propagate and collect lac in five malguzari forests in district Balaghat. They were leased out to Jhankar Singh (Plaintiff) for Rs. 98,500/ -. The lease was from September 29, 1951 to June 30. 1954. It is not now in dispute that the plaintiff worked the contract. Although it is his case that possession was not formally given to him, he says 1hat he worked the contracts, out of a sense of duty over some of the portions of leased forests. According to him, the period for which he worked the contract was from November 24, 1951, to May 26, 1952, during which period he collected lac weighing 337 maunds worth Rs. 16,290/-, which gave him a net profit of Rs. 8087/5/6. According to the plaintiff, he did not work the contract, nor was in possession thereafter. He paid the following instalments :--29-9 rs. 1951 4,000/6-12 rs. 1951 9,334/18-12 rs. 1951 19,501/14-4 rs. 1953 10,833/total rs. 43,668/ -. Adding a sum of Rs. 100/-





















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