NDLI: Chattar Singh & Ors Vs. Madho Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Madhya Bharat Zamindari Abolition Act 4(2) and 5(f) Charnoi’ s.4(1)(a) 1951 khud-kasht land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madhya Pradesh Land Revenue Code, 1959 (20 of 1959) Madhya Bharat Zamindari Abolition Act, 1951 (0 of 1951)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Madhya Bharat Zamindari Abolition Act, 1951 – s.4(1)(a),4(2) and 5(f) – Father of defendant nos.2 & 3 claimed that the land in question be granted to him as it was recorded in his name before the abolition of Zamindari Rights – Plaintiffs filed suit inter alia for declaration pleading that the suit land was recorded as ‘Charnoi' i.e. common land used for grazing cattle by the villagers and it was illegally given to the defendants – Trial Court decreed the suit –Appellate Court reversed the same holding that it was a grove and saved from the vesting u/s.5(f) – High Court reversing the findings of the Appellate Court held that the land was recorded as Charnoi land and as such it vested in the State and it was not khud-kashtland of the ex-proprietor – Held: In order to save the land from vesting, s.4(2) requires land to be ‘personally cultivated’ by Zamindar or through employees or hired labourers and another sine qua non is that it should be so recorded in revenue papers as“khud-kasht”, otherwise all land vest in the State as provided ins.4(1)a) – Once the land is recorded as ‘Charnoi’, such common land clearly vests in the State as provided in s.4(1)(a) – s.5(f) did not confer any rights on Zamindars on such common land and did not save the same from vesting, once it was recorded as ‘Charnoi’for public purpose before the date of vesting in the year, 1950-1951 –When land is primarily used for ‘Charnoi’ i.e. common grazing land for cattle of villagers, it would not fall into the category of ‘grove’and s.5(f) would not save such trees from vesting – It cannot be retained by Zamindar as he had no existing right on such land even before date of vesting, it being common land, it belonged to villagers– No individual can claim that such land belongs to him exclusively– Trial Court rightly decreed the suit in favour of villagers – No ground to interfere with the judgment of the High Court –M.P. Land Revenue Code, 1959.
Judge	Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 150
Petitioner	Chattar Singh & Ors
Respondent	Madho Singh & Ors.
SCR	[2019] 3 S.C.R. 436
Judgement Date	2019-02-06
Case Number	8718

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Chattar Singh & Ors Vs. Madho Singh & Ors.

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Chattar Singh & Ors Vs. Madho Singh & Ors.

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