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1974 Supreme(MP) 73

G.P.SINGH, B.R.DUBEY
STATE OF MADHYA PRADESH REVENUE DEPTT COLLECTOR JABALPUR – Appellant
Versus
ABDUL RAHIM KHAN – Respondent


Advocates Appeared:
A.P.Tare, P.P.Naolekar,

JUDGMENT :

( 1. ) THIS is an appeal by the defendant, State of Madhya Pradesh, against a decree for injunction restraining it to demolish certain constructions of the plaintiff in pursuance of an order passed by the Additional Collector, Jabalpur.

( 2. ) THE facts are that the plaintiff Haji Abdul Gafoor Khan was granted nazul land measuring 680 sq. ft. out of plot No. 77 Block No. 43 situated in hanumantal area, Jabalpur. The plaintiff held this land under two licences which are Exs. P-1 and P-2. The first licence, Ex. P-1, was executed on 30th october 1957 and the second licence, Ex. P-2, was executed on 13th June 1959. The parties to these documents are the Governor of Madhya Pradesh, called the grantor, and Haji Abdul Gafoor Khan, the plaintiff, called the licensee. The terms of the two licences are identical. The plaintiff was authorised under these licences to make constructions upon the land. The grantor, however, had reserved the power to terminate the licences under certain conditions. The relevant clauses in that respect arc clauses (i) and (iv) (a) which read as follows : " (i) The said construction shall be maintained and permitted to remain over / above upon the said la












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