AIR 2001 MADHYA PRADESH 268 ::2001 A I H C 3919 ::(2001) 2 MPLJ 644

Madhya Pradesh High Court

Hon'ble Judge(s): S. P. Srivastava, R. B. Dixit, N. G. Karambelkar , JJJ

(A) Madhya Pradesh Land Revenue Code (1959) , S.57(2)— Scope of- Right contemplated under S.57(2) - Is confined to proprietary rights including those rights vested in State by operation of law under enactments in force prior to coming into effect of Code. The "right" contemplated under S.57(2) is a right other than the cultivatory right in respect of the land as defined under S.2(1)(k) which stands secured in favour of a Bhumiswami, occupancy tenants or a Government lessee as defined under the said Code and this right has to be taken to be confined to the proprietary rights including those rights which vested in the State by operation of law under the enactments in force prior to the coming into effect of the Code. The tenure-holder as envisaged under the Madhya Bharat Zamindari Abolition Act or the Madhya Pradesh Land Revenue Code, whether given a nomenclature of Bhumiswami @page-MP269 or any other nomenclature with lesser rights cannot be taken to be the owner of the land comprised in his holding as contemplated under S.57 of the Code. He cannot further be equated with a proprietor or zamindar or an intermediary or jagirdar or malguzar whose proprietary rights were extinguished and vested by operation of law in the State.(Para 24 66) ....