9911796707
TMI Blog1970 (4) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... rath died in the year 1947 leaving behind no male issues. His wife had predeceased him. He had two daughters who were living at the time of his death. After his death, defendants Nos. 1 to 5 who are his distant relations took possession of the suit properties and I got the revenue records changed in their names. Thereafter the appellant brought the suit under -appeal seeking the following reliefs (1) to declare that he is the owner of the suit properties; (2) to quash the order of the Tehsildar dated November 8, 1949 transferring the khata relating to the suit properties to the names of Defendants 1 to 5; (3) to grant possession of those properties to him and (4) other usual incidental reliefs. The defendants resisted the plaintiff's cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tived every one of the contentions taken by the defendants and decreed the suit as prayed for. In appeal that decree was confirmed. In second appeal the High Court of Madhya Pradesh agreed with the trial court and the appellate court on the findings given on all issues excepting the issue relating to the effect of abolition of the jagirs on the suit. On that issue, it came to the conclusion that in view of the abolition of jagirs under the Jagir Abolition Act, the plaintiff had lost his title to the suit properties and therefore he could not get a decree for possession of the suit properties. It rejected the contention of the plaintiff that that issue is concluded by the decision of the appellate court made before remand as the same had not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the High Court is not right in holding that in view of the abolition of the Jagirs, the plaintiff had lost all rights in the suit properties. It is true that in view of the provisions of the Jagir Abolition Act, the suit properties vested in the State. But it was conceded at the bar that if the plaintiff is proved to have been the owner of the suit properties on the day the Jagir Abolition Act came into force, he is entitled to the compensation provided in that Act. Therefore the plaintiff is interested in establishing that on the date Jagir Abolition Act came into force, he was the full owner of the suit properties. The facts of this case fall within the rule laid down by this Court in Himatrao v. Jaikishandas and Ors. ([1963] 3 S.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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