AIR 1995 MADHYA PRADESH 154 ::(1995) MPLJ 369

Madhya Pradesh High Court

Hon'ble Judge(s): T. S. Doabia , J

(A) Madhya Pradesh Land Revenue Code (1959) , S.248— Madhya Bharat Zamindari Abolition Act (13 of 1951) , S.2(c), S.4(2), S.38— Government Land - Dispute as to ownership of individual - Creation of patta by erstwhile zamindar - No record to the effect in revenue records - Land since shown as "banjar" cannot attain status of "khudkasht" (Land cultivated by zamindar or through his employees) - Such land vests in Government post Zamindari Abolition Act - Plea of creation of sub-tenancy and ownership of occupant - As such unsustainable - Proceedings under S.248 of M. P. Land Revenue Code - Maintainable. On abolition of zamindaris, under the Zamindari Abolition Act, 2007, all such lands came to vest in the- State. The only exception @page-MP155 made was under S.4(2)(c) and S.38(l)(ii) of the Act. A reading of S.4(2) would indicate that only a person who was cultivating the land himself or through his employees or hired labourers could claim the status of a 'khudkasht'. The land has necessarily to be fit for cultivation. Banjar land on which no cultivation takes place cannot be said to be covered by the term 'khudkasht'. Thus where occupant claimed ownership of land on ground that he was granted patta by Zamindar but since no entry to said effect was shown in revenue record and the land being a "banjar land" vested in G....