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1971 Supreme(MP) 77

A.P.SEN, K.K.DUBE
Khumansingh Sandersingh – Appellant
Versus
Dhansingh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: G.P. Patankar and V.K. Sapre
For Respondents/Defendant:H.G. Mishra and P.L. Dube, Govt. Advocate

ORDER

A.P. Sen, J.

This is an application of Khumansingh, Ex-Zamindar of village Mahu, under Article 226 of the Constitution, for a direction to quash and order of the Board of Revenue, Madhya Pradesh, dated 20th March 1969, whereby it set aside an order of the Tahsildar, Pargana Basoda, dated 28th December l960, passed under Section 51 of the Madhya Bharat Land Revenue and Tenancy Act, 1950, in exercise of its(sic) suo motu powers of revision, on the ground that the Tahsildar had no jurisdiction to pass the order, as the application for correction of the entries was barred by limitation.

The facts have been stated by the Board of Revenue in great detail and we do not, think it necessary to repeat them here.

The decision of the Board of Revenue has been assailed before us on the following grounds:

(i) Under the definition of the term "Khudkasht" in Section 2(c) of the Madhya Bharat Zamindari Abolition Act, it does not envisage that there should be Cultivation of the whole field taken as an unit. Even if the field is partly under cultivation, the whole of it will retain its character as "khudkasht" Land of the ex-proprietor. A part of it even if uncultivated could not be resumed by the G














































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