NDLI: The State of Madhya Pradesh Vs. Sabal Singh (dead) By Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	M.B. Zamindari Abolition Act – s. 4 – Madhya Pradesh Land Revenue Code 1959 s. 158
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madhya Bharat Zamindari Abolition Act, 1951 (0 of 1951)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	M.B. Zamindari Abolition Act – s. 4 – Madhya Pradesh Land Revenue Code, 1959 – s. 158 – Plaintiffs/respondents filed suit as the successor of the Ex-Zamindar and sought declaration of Bhumiswami rights and permanent injunction, restraining the defendants-State from interfering in their possession of the land comprising different survey numbers – The plaintiffs/respondents claimed that the land was Khud-kasht land of their predecessors – Trial Court dismissed the suit and same was affirmed by the First Appellate Court – However, the High Court allowed the second appeal and decreed the suit – On appeal, held: The land to be saved from vesting in the State was required to be under personal cultivation i.e., Khud-kasht, but besides it must have to recorded as “Khud-kasht” in the revenue paper before the date of vesting i.e. Samvat year 2007 – In the instant case, it was apparent from Khasra entries before the date of vesting; in the relevant Samvat year 2007, the land was not recorded as Khud-kasht of the erstwhile Zamindars – The land not being recorded as Khut-kasht in the revenue papers before the date of vesting, the mandatory requirement of s. 4(2) of the Abolition Act was not fulfilled – Such land is not saved from vesting u/s. 4(1) of the Abolition Act as a cultivable, barren or Bir land vested in the State automatically free from all encumbrances – Thus, the grassland, i.e., ‘bir’ land as per s. 4(1) of the Act vested in the State – Apart from that, the requirement of s. 2(c) of the Abolition Act that there had to be personal cultivation of the land by the Zamindar was not fulfilled – There was no personal cultivation recorded in revenue papers of erstwhile Zamindars – Therefore, the land automatically vested in the State u/s. 4(1) of the Act – Findings of the Trial court and First Appellate Court was based on proper appreciation of evidence – Thus, judgment and decree passed by the High Court set aside.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2019 INSC 1141
Petitioner	The State Of Madhya Pradesh
Respondent	Sabal Singh (dead) By Lrs. & Ors.
SCR	[2019] 13 S.C.R. 681
Judgement Date	2019-02-11
Case Number	7991

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