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1957 Supreme(MP) 132

G.P.BHUTT, T.C.SHRIVASTAVA
Raghubirprasad Gour – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: R.L. Sharma
For Respondents/Defendant: M. Adhikari

JUDGMENT

The present appeal (No. 46 of 1954) and the connected Appeals Nos. 48, 50 and 141 of 1954, were filed by the Plaintiffs of four different suits which were dismissed by the lower Court. All the appeals were jointly argued as they involve common questions of law and fact. This judgment shall dispose of all the appeals.

The subject-matter of the dispute consists of lands which belonged to the Appellants before the date of vesting under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, hereinafter called the Act. The lands in dispute in the present suit were recorded by the Compensation Officer under Section 13(1) of the Act as having vested in the State Government, and in the other suits the lands forming the subject-matter were likely to be so recorded. The Appellants, therefore, prayed for a declaration that the lands continue to belong to them and were not liable to vest in the State Government.

The relevant particulars of the lands in dispute, in brief, are as below:

F.A. No. 46 of 1954.-The Appellants were proprietors of village Narri, and of full share of Patti No. 4 and half share of Patti No. 3 of village Somalwara, tahsil Se


























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