THE STATE OF MADHYA PRADESH versus SABAL SINGH (DEAD) BY LRS. & ORS.

Citation: [2019] 13 S.C.R. 681 · Decided: 14-10-2019 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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THE STATE OF MADHYA PRADESH
v.
SABAL SINGH (DEAD) BY LRS. & ORS.
(Civil Appeal No. 7991 of  2019)
OCTOBER 14, 2019
[ARUN MISHRA AND M. R. SHAH, JJ.]
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.
   [2019] 13 S.C.R. 681
681
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SUPREME COURT REPORTS
[2019] 13 S.C.R.
Allowing the appeal, the Court
HELD:   1. The requirement of section 4(2) of the M.B.
Zamindari Abolition Act is dual that the land should not only be
Khud-kasht, but it should be so recorded in the annual village
papers before the date of vesting.  As the date of vesting was
2.10.1951, the agricultural year in the erstwhile Madhya Bharat
commenced from 1st July to 30th June of the succeeding
Gregorian calendar year, the only relevant entry was before the
date of vesting, i.e., of Samvat 2007.  The land is required to be
so recorded as ‘Khud-kasht’ in the revenue papers before the
date of vesting. As 2.10.1951 fell in the Samvat year 2008, thus
the entry in record of rights of Samvat 2007 assumes
significance as that has been made the basis for conferring of
the rights on abolition of Zamindari. [Para 11] [687-F-G]
2. The land to be saved from vesting was required to be
under personal cultivation i.e., Khud-kasht, but besides it must
have been so recorded as “Khud-kasht” in the revenue paper
before the date of vesting, i.e., 2007. Thus, there are three
requirements namely (i) personal cultivation as defined in
Section 2 (c); (ii) entry in the record of right; and (iii) before
the date of vesting, i.e., 2007.  In case the land was so recorded
as Khud-kasht, but was not personally cultivated by the
Zamindar as specified in section 2(c), such land shall vest in State.
[Para 12] [687-H; 688-A-B]
3. In the present case the rights have been claimed under
section 158 of the M.P. Land Revenue Code, 1959 on the
ground that the predecessors of the plaintiff were pakka tenants
and acquired Bhumiswami rights under section 158 of M.P. Land
Revenue Code, 1959. Under section 37(1) of Madhya Pradesh
Zamindari Abolition Act, “pakka tenancy” rights were conferred
upon only on such a proprietor with respect to the land under
his possession as Khud-kasht land as per section 2(c) read with
section 4(2). [Para 19] [691-D]
4. When this Court considers the entry of 2007 placed on
record by the plaintiff, it is apparent that Survey No.77, 191, 195
and 199 are recorded as “Bir land.”  Concerning survey No.83
also finding recorded by the trial court and a first appellate court
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is that the same was recorded as “Bir land,” i.e., “grassland.”
The plaintiffs/ responde

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