CHATTAR SINGH & ORS versus MADHO SINGH & ORS.

CHATTAR SINGH & ORS versus MADHO SINGH & ORS.

Land recorded as 'Charnoi' (common grazing land) vests in the State under Section 4(1)(a), and cannot be claimed by an individual proprietor even if fruit-bearing trees exist; Section 5(f) does not apply to common land. The trial court correctly decreed the suit for villagers, and there is no ground to interfere with the High Court's judgment.

Parties
Appellant: Chattar Singh & Ors.; Respondent: Madho Singh & Ors.
Jurisdiction
India
Judgment Date
06 February 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal to Supreme Court
Outcome
Appeal dismissed
Legal Topics
Zamindari Abolition, Vesting of Common Land, Interpretation of Khud Kasht and Charnoi, Application of Grove Exception Under Section 5(f)
Property Law Land Revenue Zamindari Abolition Vesting of Common Land Interpretation of Khud Kasht and Charnoi Application of Grove Exception Under Section 5(f)

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Parties

Chattar Singh & Ors.

Appellant

Madho Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether land recorded as 'Charnoi' vests in the State upon abolition of Zamindari rights or is saved in favour of proprietor as grove under Section 5(f)
  2. 2 Whether fruit-bearing trees on 'Charnoi' land vest in the State or remain with the proprietor

Ratio Decidendi

Land recorded as 'Charnoi' (common grazing land) vests in the State under Section 4(1)(a), and cannot be claimed by an individual proprietor even if fruit-bearing trees exist; Section 5(f) does not apply to common land. The trial court correctly decreed the suit for villagers, and there is no ground to interfere with the High Court's judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; impugned judgment of the High Court affirmed.
  • Parties left to bear their own costs.