Case Note & Summary
The present appeal arose from a suit for declaration and permanent injunction filed by the plaintiffs/respondents concerning land recorded as 'Charnoi' (common grazing land) in revenue records. The plaintiffs contended that the land was used by villagers for grazing cattle and had been illegally granted to the defendants. The father of defendant Nos.2 and 3, Kalu Singh, an ex-zamindar, had obtained an order from the Board of Revenue in 1959 under Section 5(f) of the Madhya Bharat Abolition of Zamindari Act, 1951, claiming the land as a grove, and subsequently the Collector granted him Bhumiswami rights over 72 bighas 18 biswas in 1968. After his death, defendant Nos.2 and 3 got their names recorded. The plaintiffs challenged these orders. The Trial Court decreed the suit, relying on khasra entries showing the land as Charnoi and an admission by defendants that villagers grazed cattle until 1967. The First Appellate Court reversed, holding the land was a grove saved under Section 5(f). The High Court restored the Trial Court's decree, finding the land was Charnoi and vested in the State. The Supreme Court considered the issue of whether Charnoi land vests in the State under Section 4 of the Act or is saved as a grove under Section 5(f). The Court analyzed Section 4, which vests all rights of the proprietor in the State, including all land, with only khud-kasht land saved under Section 4(2). Section 5(f) saves groves recorded in the name of the outgoing proprietor. The Court held that land recorded as Charnoi is common land for public grazing and vests absolutely in the State under Section 4(1)(a). Section 5(f) does not apply to such common land. The Court distinguished Shrimant Sardar Chandrojirao Angre v. State of Madhya Pradesh, noting that even if fruit-bearing trees exist, the land's character as Charnoi prevails. The Court upheld the High Court's judgment, dismissing the appeal and confirming that the land vests in the State.
Headnote
A) Property Law - Vesting of Common Land - Charnoi Land - Section 4 and Section 5(f) of the Madhya Bharat Abolition of Zamindari Act, 1951 - Land recorded as 'Charnoi' (common grazing land) vests in the State under Section 4(1)(a) and is not saved as a grove under Section 5(f) - The Court held that once land is recorded as Charnoi, it is common land for public purpose and vests absolutely in the State; Section 5(f) does not confer any rights on zamindars over such common land (Paras 10-11). B) Property Law - Grove Exception - Definition of Grove - Section 5(f) of the Madhya Bharat Abolition of Zamindari Act, 1951 - A grove must consist of a compact group of trees sufficient to preclude primary use for cultivation - The Court distinguished Shrimant Sardar Chandrojirao Angre v. State of Madhya Pradesh, (1968) 1 SCR 761, holding that even if fruit-bearing trees exist on Charnoi land, the land's character as common grazing land prevails and it vests in the State (Paras 10-12). C) Evidence - Revenue Entries - Presumption of Correctness - Khasra entries recording land as Charnoi carry statutory presumption of correctness - The Court relied on continuous entries and admission of defendants that villagers grazed cattle up to 1967 to affirm the land's character as Charnoi (Paras 3, 10).
Issue of Consideration
Whether land recorded as 'Charnoi' (common grazing land) vests in the State on abolition of intermediaries under the Madhya Bharat Abolition of Zamindari Act, 1951, or is saved from vesting as a grove under Section 5(f) of the Act.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's judgment that the suit land, recorded as Charnoi, vested in the State under Section 4 of the Madhya Bharat Abolition of Zamindari Act, 1951, and was not saved as a grove under Section 5(f).
Law Points
- Vesting of common land
- Charnoi land
- grove exception
- Section 5(f) Madhya Bharat Zamindari Abolition Act
- Section 4 vesting
- khud-kasht land
- statutory presumption of correctness of revenue entries
