AIR 1966 SUPREME COURT 991 ::1962 MPLJ 753 ::1963 (1) SCR 428

Supreme Court Of India

(From: Nagpur)*

Hon'ble Judge(s): Ajit Kumar Sarkar, K. Subba Rao, J. R. Mudholkar , JJJ

(A) Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act (1 of 1951) , S.4(1)(a), S.5(a)— Tenancy Laws - Scope - Village abadi land -Bazar held on part of it - Vesting of buildings in exproprietor - 'Buildings' include even uncovered 'ottas' and 'chabutras' - Land appurtenant to them has to be settled with ex-proprietor. Section 5(a) is an exception to S. 4(1) (a) of the Act which provides for the vesting in the State of the land on which bazar is held. But reading S. 4(1)(a) along with S. 5(a) it is clear that where any buildings belonging to the proprietor exist on any portion of the abadi land, that land, together with the land appurtenant to those buildings, has to be settled with the ex-proprietor. Land on which the bazar is held is part of the village abadi land and, therefore, all buildings standing on such land would fall within S. 5(a) of the Act and would have to be settled with the ex-proprietor. Where the ex-proprietor has spent money on constructing something within the limits of the village sites, that thing had to be settled with him. The word "buildings" should, therefore, be given its literal meaning as something which is built. Even uncovered 'ottas' and 'chabutras' fall within the term "building" as used in S. 5(a) of the Act and, therefore, along with the land appurtenant to them they must b....