THE STATE OF MADHYA PRADESHversusSABAL SINGH (DEAD) BY LRS. & ORS.

                         [2019] 13 S.C.R. 681                           681


              THE STATE OF MADHYA PRADESH                               A
                                 v.
            SABAL SINGH (DEAD) BY LRS. & ORS.
                  (Civil Appeal No. 7991 of 2019)
                        OCTOBER 14, 2019                                B

           [ARUN MISHRA AND M. R. SHAH, JJ.]
       M.B. Zamindari Abolition Act – s. 4 – Madhya Pradesh Land
Revenue Code, 1959 – s. 158 – Plaintiffs/respondents filed suit as
the successor of the Ex-Zamindar and sought declaration of              C
Bhumiswami rights and permanent injunction, restraining the
defendants-State from interfering in their possession of the land
comprising different survey numbers – The plaintiffs/respondents
claimed that the land was Khud-kasht land of their predecessors
– Trial Court dismissed the suit and same was affirmed by the First
Appellate Court – However, the High Court allowed the second            D
appeal and decreed the suit – On appeal, held: The land to be
saved from vesting in the State was required to be under personal
cultivation i.e., Khud-kasht, but besides it must have to recorded
as “Khud-kasht” in the revenue paper before the date of vesting
i.e. Samvat year 2007 – In the instant case, it was apparent from       E
Khasra entries before the date of vesting; in the relevant Samvat
year 2007, the land was not recorded as Khud-kasht of the
erstwhile Zamindars – The land not being recorded as Khut-kasht
in the revenue papers before the date of vesting, the mandatory
requirement of s. 4(2) of the Abolition Act was not fulfilled – Such
land is not saved from vesting u/s. 4(1) of the Abolition Act as a      F
cultivable, barren or Bir land vested in the State automatically free
from all encumbrances – Thus, the grassland, i.e., ‘bir’ land as
per s. 4(1) of the Act vested in the State – Apart from that, the
requirement of s. 2(c) of the Abolition Act that there had to be
personal cultivation of the land by the Zamindar was not fulfilled
                                                                        G
– There was no personal cultivation recorded in revenue papers
of erstwhile Zamindars – Therefore, the land automatically vested
in the State u/s. 4(1) of the Act – Findings of the Trial court and
First Appellate Court was based on proper appreciation of
evidence – Thus, judgment and decree passed by the High Court
set aside.                                                              H
                                 681
682            SUPREME COURT REPORTS                     [2019] 13 S.C.R.


A           Allowing the appeal, the Court
            HELD: 1. The requirement of section 4(2) of the M.B.
      Zamindari Abolition Act is dual that the land should not only be
      Khud-kasht, but it should be so recorded in the annual village
      papers before the date of vesting. As the date of vesting was
B     2.10.1951, the agricultural year in the erstwhile Madhya Bharat
      commenced from 1 st July to 30 th June of the succeeding
      Gregorian calendar year, the only relevant entry was before the
      date of vesting, i.e., of Samvat 2007. The land is required to be
      so recorded as ‘Khud-kasht’ in the revenue papers before the
C     date of vesting. As 2.10.1951 fell in the Samvat year 2008, thus
      the entry in record of rights of Samvat 2007 assumes
      significance as that has been made the basis for conferring of
      the rights on abolition of Zamindari. [Para 11] [687-F-G]
            2. The land to be saved from vesting was required to be
D     under personal cultivation i.e., Khud-kasht, but besides it must
      have been so recorded as “Khud-kasht” in the revenue paper
      before the date of vesting, i.e., 2007. Thus, there are three
      requirements namely (i) personal cultivation as defined in
      Section 2 (c); (ii) entry in the record of right; and (iii) before
      the date of vesting, i.e., 2007. In case the land was so recorded
E     as Khud-kasht, but was not personally cultivated by the
      Zamindar as specified in section 2(c), such land shall vest in State.
      [Para 12] [687-H; 688-A-B]
            3. In the present case the rights have been claimed under
      section 158 of the M.P. Land Revenue Code, 1959 on the
F     ground that the predecessors of the plaintiff were pakka tenants
      and acquired Bhumiswami rights under section 158 of M.P. Land
      Revenue Code, 1959. Under section 37(1) of Madhya Pradesh
      Zamindari Abolition Act, “pakka tenancy” rights were conferred
      upon only on such a proprietor with respect to the land under
G     his possession as Khud-kasht land as per section 2(c) read with
      section 4(2). [Para 19] [691-D]
             4. When this Court considers the entry of 2007 placed on
      record by the plaintiff, it is apparent that Survey No.77, 191, 195
      and 199 are recorded as “Bir land.” Concerning survey No.83
H     also finding recorded by the trial court and a first appellate court
       STATE OF MADHYA PRADESH v. SABAL SINGH                          683
                 (DEAD) BY LRS. & ORS.

is that the same was recorded as “Bir land,” i.e., “grassland.”        A
The plaintiffs/ respondents has submitted that at least concerning
Survey No.77, entry of cultivation of ‘Jwar’ was recorded in
Column No.5.Whereas in Column No.21 and 22 there was the
entry of the ‘Bir.’ [Para 20] [691-E-F]
      5. It is apparent from Khasra entries before the date of         B
vesting; in the relevant Samvat year 2007, the land is not
recorded as Khud-kasht of the erstwhile zamindars, i.e.,
predecessor in interest of the plaintiffs. The land not being so
recorded as Khud-kasht in the revenue papers before the date
of vesting, the mandatory requirement of section 4(2) of the
Abolition Act, is not fulfilled. Such land is not saved from vesting   C
under section 4(1) of the Abolition Act, 2003 as a cultivable,
barren or Bir land vested in the State automatically free from
all encumbrances. Thus, the grassland, i.e., ‘bir’ land as per
section 4(1) of the Act vested in the State. [Para 21] [691-G-H;
692-A]                                                                 D
       6. Apart from that requirement of section 2(c), there had
to be personal cultivation of the land by the Zamindar was not
fulfilled. The land was required to be personally cultivated either
by Zamindars himself or through employees or hired labourers.
There was no personal cultivation recorded in revenue papers           E
of erstwhile Zamindars and land was also not so recorded as
Khud-kasht land. [Para 22] [692-B]
       7. Bir land is vested in State under Section 4(1). The grass
is naturally grown without effort, and it cannot be said to be
produced by way of rendering one’s labour or through employees         F
or hired labour. The land should have been under Khud-kasht
i.e., personal cultivation and so recorded of the ex-proprietor
to be saved from vesting as statutorily mandated. There is a
specific provision in Section 4(1) of the Abolition Act that the
grassland, i.e., ‘Bir land,’ held by the proprietor automatically
vested in the State free from all encumbrances. In which case          G
land lying fallow also vested in the State. [Para 25] [693-A-B]
      8. About entries in revenue record Trial Court and First
Appellate Court, have recorded a concurrent finding of fact that
the land was not under personal cultivation. It was not open to
the High Court to interfere with the findings of fact, which was       H
684            SUPREME COURT REPORTS                         [2019] 13 S.C.R.


A     based on the proper appreciation of evidence on record. Even
      the plaintiff was unable to state whether there was any crop in
      the relevant year 2007 before Zamindari abolition. Such finding
      of fact based on proper appreciation of evidence could not have
      been interfered with by the High Court within the ken of Section
      100, CPC. [Para 29] [694-C-D]
B
            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7991
      of 2019.
            From the Judgment and Order dated 01.02.2013 by the High
      Court of Madhya Pradesh, Bench at Gwalior in Second Appeal No.413
C     of 1996
            Harsh Parashar, Adv. for the Appellant.
           Vikas Upadhyay, Ashwin Kumar Nair, Yogesh Tiwari, Akshat
      Shrivastava, Yogesh Tiwari, Vikarant Sing Bais, Advs. for the
      Respondents.
D
            The Judgment of the Court was delivered by
            ARUN MISHRA, J.
            1. The question involved in the appeal is whether the land
      recorded in the revenue papers before the date of vesting as ‘Grass’
E     land can be treated as khud-kasht land of Ex-Zamindar.
             2. The suit was filed by the plaintiffs/ respondents, as the
      successor of the Ex-Zamindar. At the time of the abolition of Zamindari,
      it was recorded as ‘Grass’ land, in the name of their predecessor. They
      prayed for declaration of Bhumiswami rights and permanent injunction,
F     restraining the defendants from interfering in their possession of the
      land comprised in Survey Nos.77, 83, 191, 195 and 799 corresponding
      to new Survey Nos.37, 103 and 460 total area 83 Bighas 4 Biswas
      situated in village Enchada, Tehsil Nateran, District Vidisha in the State
      of Madhya Pradesh. The defendant – State of Madhya Pradesh treated
      plaintiffs/respondents as encroacher of agricultural land, and they were
G     threatened with dispossession on 1.5.1980 and 12.10.1980, whereas they
      have acquired the rights of Bhumiswami under provisions contained in
      Madhya Pradesh Land Revenue Code as they became Pacca tenant
      on the abolition of Zamindari. The plaintiffs/ respondents claimed that
      the land was Khud-kasht land of their predecessors; Nirbhay Singh and
H     Pratap Singh who were Zamindars of Village Enchada.
       STATE OF MADHYA PRADESH v. SABAL SINGH                              685
        (DEAD) BY LRS. & ORS. [ARUN MISHRA, J.]

        3. The State Government in the written statement denied the        A
plaint averments. However, it was admitted that Nirbhay Singh and
Pratap Singh, the predecessors were the Zamindars of the village
Enchada. The land was not a Khud-kasht land. It was recorded as
‘Bir,’ i.e., ‘Grass’ land before coming into force of the M.B. Zamindari
Abolition Act.
                                                                           B
      4. The Trial Court dismissed the suit. The First Appellate Court
affirmed the same; however, the High Court allowed the second appeal
and decreed the suit filed by the plaintiffs. They have been declared to
be Bhumiswami of the land, and the permanent injunction has also been
granted. Aggrieved thereby the appeal has been preferred by the State
                                                                           C
of Madhya Pradesh.
       5. It is submitted by the learned counsel appearing for the State
that land was not ‘Khud-kasht’ land. The High Court could not have
reversed the concurrent findings of fact recorded by the trial court and
the first appellate court in the second appeal. The judgment is based
on the misreading of the Khasra entries and provisions of Section 2(c),    D
and Section 4(2) of the Zamindari Abolition Act have not been correctly
interpreted.
       6. Learned counsel appearing on behalf of the plaintiff/
respondents submitted that growing of Grass was also an agricultural
purpose. In Khasra for Survey No.77 for Samvat year 2007, cultivation      E
of crop of “Jwar” was mentioned, though in Col.5 thereof. Thus, the
said survey No.77 did not vest in the State. The remaining land was
Grassland under personal cultivation of Zamindars as such it did not
vest in the State. Nirbhay Singh and Pratap Singh became pakka tenant
of the disputed land and ultimately acquired the rights of Bhumiswami.     F
      7. The main question for consideration is whether the plaintiff
acquired the rights of Pakka tenant under the Zamindari Abolition Act
and that of Bhumiswami under the provisions of section 158 of Madhya
Pradesh Land Revenue Code, 1959 (hereafter referred to as “M.P.
Land Revenue Code, 1959”).                                                 G
       8. The Zamindari system came to be abolished on 2.10.1951 in
the erstwhile State of Madhya Bharat. The Zamindari Abolition Act,
had been reserved under Article 31(4) of the Constitution of India for
the consideration of the Hon’ble President and received his assent in
1951 and was enforced with effect from 2.10.1951, resulting into the       H
686             SUPREME COURT REPORTS                           [2019] 13 S.C.R.


A     abolition of intermediaries. The same was enacted for the public
      purpose of the improvement of agriculture, and financial condition of
      agriculturist by abolition and acquisition of rights of proprietors in the
      village, muhals, chak or blocks settled on Zamindari system which used
      to be a system of keeping an intermediary between the State and the
      tenants.
B
              9. Section 3 of the Zamindari Abolition Act provided for vesting
      of proprietary rights in the State, and the rights of the proprietor shall
      pass from such proprietor to such other person, to and vests in the State
      free of all encumbrances. Section 4 provided for the consequence of
      the vesting of an estate in the State. As per section 4(1)(a) all rights,
C     title and interest of the proprietor in such area, including land (cultivable,
      barren or Bir), forest, trees, fisheries, wells (other than private wells),
      tanks, ponds, water channels, ferries, pathways village-sites, hats, and
      bazaars and mela-grounds and in all sub-soil, including rights, if any, in
      mines and minerals, whether being worked or not shall cease and be
D     vested in the State free from all encumbrances automatically. Section
      4(2) contains saving in favour of the proprietor to the extent that he
      shall continue to remain in possession of his Khud-kasht land so
      recorded in the annual village papers on the date of vesting. Section
      2(c) defines the ‘Khud-kasht” to mean land personally cultivated by
      Zamindars or through employees or hired labourers and includes sir land.
E
            10. Section 2(c) and 4 of the Abolition Act are extracted
      hereunder:
             “2. Definitions:-
             (c) ”Khud-kasht” means land cultivated by the Zamindar himself
F            or through employees or hired labourers and includes sir land;
             4. Consequence by the vesting of an estate in the State. -
             (1) Save as otherwise provided in this Act when the notification
             under Section 3 in respect of any area has been published in the
             Gazette, then, notwithstanding anything contained in any contract,
G            grant or document or in any other law for the time being in force,
             the consequences as hereinafter set forth shall from the beginning
             of the date specified in such notification (hereinafter referred to
             as the dale of vesting) ensue, namely :-
                  (a) all rights, title and interest of the proprietor in such area,
H                 including land (cultivable, barren or Bir), forest, trees,
        STATE OF MADHYA PRADESH v. SABAL SINGH                                 687
         (DEAD) BY LRS. & ORS. [ARUN MISHRA, J.]

            fisheries, wells (other than private wells), tanks, ponds, water   A
            channels, ferries, pathways village-sites, hats, and bazars
            and mela-grounds and in all sub-soil, including rights, if any,
            in mines and minerals, whether being worked or not shall
            cease and be vested in the State free from all
            encumbrances;
                                                                               B
            ….
      (2) Notwithstanding anything contained in sub-section (1), the
      proprietor shall continue to remain in possession of his Khud-kasht
      land, so recorded in the annual village papers before the date of
      vesting.                                                                 C
      (3) Nothing contained in sub-section (1) shall operate as a bar
      to the recovery by the outgoing proprietor of any sum which
      becomes due to him before the date of vesting in virtue of his
      proprietary rights.”
                                                                               D
                                                      (emphasis supplied)
       It is apparent from the provisions contained in section 4(1) it
contained non-obstante clause and that all rights and interest of the
proprietor in the area of Zamindari including the land (cultivable, barren
or bir), etc. shall vest in the State automatically. What is saved with
                                                                               E
the Zamindar was only the land which was under his Khud-kasht, i.e.,
under his personal cultivation and not the land which was cultivable,
barren or bir, i.e., grassland.
       11. The requirement of section 4(2) of the Abolition Act is dual
that the land should not only be Khud-kasht, but it should be so recorded
                                                                               F
in the annual village papers before the date of vesting. As the date of
vesting was 2.10.1951, the agricultural year in the erstwhile Madhya
Bharat commenced from 1 st July to 30 th June of the succeeding
Gregorian calendar year, the only relevant entry was before the date
of vesting, i.e., of Samvat 2007. The land is required to be so recorded
as ‘Khud-kasht’ in the revenue papers before the date of vesting. As           G
2.10.1951 fell in the Samvat year 2008, thus the entry in record of rights
of Samvat 2007 assumes significance as that has been made the basis
for conferring of the rights on abolition of Zamindari.
      12. The land to be saved from vesting was required to be under
personal cultivation i.e., Khud-kasht, but besides it must have been so        H
688            SUPREME COURT REPORTS                         [2019] 13 S.C.R.


A     recorded as “Khud-kasht” in the revenue paper before the date of
      vesting, i.e., 2007. Thus, there are three requirements namely (i)
      personal cultivation as defined in Section 2 (c); (ii) entry in the record
      of right; and (iii) before the date of vesting, i.e., 2007. In case the
      land was so recorded as Khud-kasht, but was not personally cultivated
      by the Zamindar as specified in section 2(c), such land shall vest in
B
      State.
            13. With reference to Khud-kasht land so recorded as per section
      4(2) which was under personal cultivation as defined in section 2(c) of
      the Abolition Act, such a Zamindar acquired rights of pakka tenancy,
      in the land held by him, under the provisions of section 37 of the
C
      Abolition Act. In case of tenant and sub-tenant, Conferral of pakka
      tenancy rights is dealt with under section 38 of the Abolition Act, 2003.
      We are concerned here with the rights of the proprietor in which the
      ‘pakka tenancy’ rights were conferred under section 37(1) as to land
      so recorded as Khud-Kasht. The same is extracted hereunder:
D
             “37. Conferral of pacca tenancy rights on proprietor. - (1)
            Every proprietor who is divested of his proprietary rights in an
            estate, chak, block or Muhal shall, with effect from this date of
            vesting, be a pacca tenant of the khud-kasht land in his possession
            and the land revenue payable by him shall be determined at the
E
            rate fixed by the current settlement for the same kind of land.
                                                           (emphasis supplied)
             14. The pakka tenant has been defined in section 54(vii), Part II
      of the Madhya Bharat Land Revenue and Tenancy Act, (Samvat 2007)
F     (Act No.66 of 1950). Besides that, the Zamindari Abolition Act conferred
      right of pakka tenant on a proprietor concerning the khudkasht land and
      so recorded in revenue papers before the date of vesting. Section 54(vii)
      of Madhya Bharat Land Revenue and Tenancy Act is extracted
      hereunder:
G           “54.(vii) Pakka tenant – means a tenant who has been or
            whose predecessor in interest had been lawfully recorded in
            respect of his holding as a “Ryot Pattedar”, “Mamuli Maurusi”,
            “Gair Maurusi”, and “Pukhta Maurusi” when this Act comes into
            force or who may in future be duly recognized as such by a
H           competent authority.”
       STATE OF MADHYA PRADESH v. SABAL SINGH                              689
        (DEAD) BY LRS. & ORS. [ARUN MISHRA, J.]

      15. The pakka tenancy rights are conferred on a proprietor           A
concerning Khud-kasht land in his possession.
       16. M.P. Land Revenue Code, 1959 was enacted on the
formation of Madhya Pradesh and came into force w.e.f. 2.10.1959 to
unify the law concerning land. Section 158 of M.P. Land Revenue Code,
1959 provided classes/ categories which shall be called tenure holder,     B
i.e., Bhumiswami. Section 158(1)(a) of M.P. Land Revenue Code, 1959
conferred Bhumiswami rights on a tenant or Muafidar, etc. Provisions
of section 158 (1)(b) provided that ‘pakka tenant’ shall be called
Bhumiswami in M.P. Land Revenue Code, 1959, in case he was a pakka
tenant or a Maufidar, Inamdar or Concessional holder as defined in         C
Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of
1950). The provisions of section 158 of the M.P. Land Revenue Code,
1959, read as under:
      158.[1] Every person who at the time of coming into force of
      this Code, belongs to any of the following classes shall be called   D
      a Bhumiswami and shall have all the rights and be subject to all
      the liabilities conferred or imposed upon a Bhumiswami by or
      under this Code, namely :-
       (a) every person in respect of land held by him in the
           Mahakoshal region in Bhumisami or Bhumidhari rights in          E
           accordance with the provisions of the Madhya Pradesh
           Land Revenue Code, 1954 (II of 1955);
       (b) every person in respect of land held by him in the Madhya
           Bharat region as Pakka tenant or as a Muafidar, Inamdar
                                                                           F
           or Concessional holder, as defined in the Madhya Bharat
           Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950)
       (c) every person in respect of land held by him in the Bhopal
           region as an occupant as defined in the Bhopal State Land
           Revenue Act, 1932 (IV of 1932);                                 G
       (d) (i) every person in respect of land held by him in the
           Vindhya Pradesh region as a pachapan paintalis tenant,
           pattedar tenant, a grove holder or as a holder of tank as
           defined in the Vindhya Pradesh Land Revenue and Tenancy
           Act, 1953 (III of 1955)                                         H
690            SUPREME COURT REPORTS                          [2019] 13 S.C.R.


A                (ii) every person in respect of land (other than land which
                 is a grove or tank or which has been acquired or which is
                 required for Government or public purposes) held by him
                 in the Vindhya Pradesh region as a gair haqdar tenant and
                 in respect of which he is entitled to a patta in accordance
                 with the provisions of sub-section (4) of section 57 of the
B
                 Rewa State Land Revenue and Tenancy Code, 1935.
                 (iii) every person in respect of land held by him as a tenant
                 in the Vindhya Pradesh region and in respect of which he
                 is entitled to a patta in accordance with the provisions of
                 subsections (2) and (3) of section 151 of the Vindhya
C
                 Pradesh Land Revenue and Tenancy Act, 1953 (III) of
                 1955), but has omitted to obtain such patta before the
                 coming into force of this Code,
             (e) every person in respect of land held by him in Sironj region
                 as a Khatedar tenant or as a grove holder as defined in the
D                Rajasthan Tenancy Act, 1955 (3 of 1955)
            [(2) A Ruler of an Indian State forming part of the State of
            Madhya Pradesh who, at the time of coming into force of this
            Code, was holding land or was entitled to hold land as such Ruler
            by virtue of the covenant or agreement entered into by him before
E           the commencement of the Constitution, shall, as from the date
            of coming into force of this Code, be a Bhumiswami of such land
            under the Code and shall be subject to all the rights and liabilities
            conferred and imposed upon a Bhumiswami by or under this
            Code.”
F           17. For conferral of Bhumiswami rights on sub-tenants, the
      process of conferral of rights of occupancy tenant is provided under
      section 185 of M.P. Land Revenue Code, 1959 and the conferral of
      Bhumiswami rights on such occupancy tenants is provided under section
      190 of M.P. Land Revenue Code, 1959.
G            18. Under section 185 of the M.P. Land Revenue Code, 1959
      every person who at the coming into force of the Code holds any ‘Inam
      land’ as a tenant or as a subtenant or as an ordinary tenant or any land
      as ryotwari sub-lessee as defined in the Madhya Bharat Ryotwari Sub-
      Lessees Protection Act, 1955, any Jagir land as defined in Madhya
H     Bharat Abolition of Jagirs Act, 1951 as a subtenant or as a tenant of a
        STATE OF MADHYA PRADESH v. SABAL SINGH                               691
         (DEAD) BY LRS. & ORS. [ARUN MISHRA, J.]

subtenant, or any land of proprietor as defined in Madhya Bharat             A
Zamindari Abolition Act, 1951 as a sub-tenant or as a tenant of a
subtenant shall be called as “Occupancy Tenants”. Under section 189
of MPLRC, 1959 right was given to a Bhumiswami, whose land is held
by an occupancy tenant, to resume the land within one year of the
coming into force of this Code, if he was holding the area of land under
                                                                             B
his cultivation below twenty-five acres of unirrigated land. The right
was given to him to apply for the resumption of the land held by his
occupancy tenant for his cultivation and his failure to do so within the
specified period, Section 190 of the M.P. Land Revenue Code, 1959
conferred the rights on the occupancy tenant of the Bhumiswami.
Rights of Bhumiswami accrued to the occupancy tenant regarding the           C
land held by him on the expiry of the period fixed for resumption of
the land as specified in section 190(1).
      19. In the present case the rights have been claimed under
section 158 of the M.P. Land Revenue Code, 1959 on the ground that
the predecessors of the plaintiff were pakka tenants and acquired            D
Bhumiswami rights under section 158 of M.P. Land Revenue Code,
1959. Under section 37(1) of Madhya Pradesh Zamindari Abolition Act,
“pakka tenancy” rights were conferred upon only on such a proprietor
with respect to the land under his possession as Khud-kasht land as
per section 2(c) read with section 4(2).
                                                                             E
        20. When we consider the entry of 2007 placed on record by
the learned counsel on behalf of the plaintiff, it is apparent that Survey
No.77, 191, 195 and 199 are recorded as “Bir land.” Concerning survey
No.83 also finding recorded by the trial court and a first appellate court
is that the same was recorded as “Bir land,” i.e., “grassland.” Learned
counsel appearing on behalf of the plaintiffs/ respondents has submitted     F
that at least concerning Survey No.77, entry of cultivation of ‘Jwar’
was recorded in Column No.5.Whereas in Column No.21 and 22 there
was the entry of the ‘Bir.’
       21. It is apparent from Khasra entries before the date of vesting;
in the relevant Samvat year 2007, the land is not recorded as Khud-          G
kasht of the erstwhile zamindars, i.e., predecessor in interest of the
plaintiffs. The land not being so recorded as Khud-kasht in the revenue
papers before the date of vesting, the mandatory requirement of section
4(2) of the Abolition Act, is not fulfilled. Such land is not saved from
vesting under section 4(1) of the Abolition Act, 2003 as a cultivable,       H
692            SUPREME COURT REPORTS                          [2019] 13 S.C.R.


A     barren or Bir land vested in the State automatically free from all
      encumbrances. Thus, the grassland, i.e., ‘bir’ land as per section 4(1)
      of the Act vested in the State.
             22. Apart from that requirement of section 2(c), there had to be
      personal cultivation of the land by the Zamindar was not fulfilled. The
B     land was required to be personally cultivated either by Zamindars himself
      or through employees or hired labourers. There was no personal
      cultivation recorded in revenue papers of erstwhile Zamindars and land
      was also not so recorded as Khud-kasht land.
            23. It is submitted that growing of Grass is an agricultural purpose
C     under section 55 of Madhya Bharat Land Revenue Tenancy Act, as
      there was an entry of ‘grass,’ i.e., ‘Bir’ in the revenue paper of Samvat
      Year 2007 before the date of vesting, such grassland did not vest in
      the State. Section 55 is extracted hereunder:
            “55. Duties of a tenant – A tenant shall use his holding only
D           for agricultural purposes namely:-
               i) the growth of any crops, except such as may, from time to
                  time, be prohibited by the Government; or
              ii) the growth of Grass or food for cattle; or
              iii) the growth of trees; or
E
              iv) the erection of a dwelling house for his domestic use; or
              v) the erection of such buildings or other structures as he may
                 reasonably require for the purpose of his agriculture; or
              iv) the construction and maintenance of any work of the kind
F                 described in section 56.”
             24. No doubt about it that a tenant was required to use his holding
      for agricultural purposes. The growth of Grass or food for cattle inter
      alia was one of the agricultural purposes. In our opinion, there is no
      requirement for a tenant personally to cultivate the land as on the date
G     of abolition as such provision lends no help to a proprietor. The rights
      of the proprietor are quite different. The rights of the proprietor are
      limited to land cultivated personally and so recorded as required under
      the provisions of the Abolition Act, instrumental for bringing the agrarian
      reforms and conferred the rights on the actual tiller of the land by
H     removing the intermediaries.
        STATE OF MADHYA PRADESH v. SABAL SINGH                                   693
         (DEAD) BY LRS. & ORS. [ARUN MISHRA, J.]

       25. Bir land is vested in State under Section 4(1). The grass is          A
naturally grown without effort, and it cannot be said to be produced by
way of rendering one’s labour or through employees or hired labour.
The land should have been under Khud-kasht i.e., personal cultivation
and so recorded of the ex-proprietor to be saved from vesting as
statutorily mandated. There is a specific provision in Section 4(1) of
                                                                                 B
the Abolition Act that the grassland, i.e., ‘Bir land,’ held by the proprietor
automatically vested in the State free from all encumbrances. In which
case land lying fallow also vested in the State.
      26. Now we come to entry of Samvat year of 2007. There is
presumption of correctness of Khasra entries under section 52 of
Madhya Pradesh Land Revenue Tenancy Act unless the contrary is                   C
proved. Section 52 is extracted hereunder:
       “52. Presumption as to entries in Annual Village Papers –
       All entries made under this Chapter in the Annual Village Papers
       shall be presumed to be correct until the contrary is proved.”
                                                                                 D
       27. The Khasra in the relevant year in Samvat year 2007 as to
Survey No.77 contains the entry of crop of ‘Jwar’ in Column No.5
which is meant for recording the name of tenants, his father’s name,
caste, and residence and the nature of his rights. The Columns to record
the cultivation of crop of Kharib and Rabi are Column Nos.10 to 15.
All these columns are empty in the Khasra concerning all the disputed            E
survey numbers, and when we come to the column containing an entry
for the land lying uncultivated, there was the entry of ‘bir’ land, which
has been scored out. Thus, the entry makes it clear that it was not so
recorded as Khud-kasht land and there was no personal cultivation as
such the land automatically vested in the State under Section 4(1) of            F
Abolition Act.
       28. The tenancy can be proved by Khasras entries alone. The
revenue entries carry a statutory presumption of correctness under the
provisions of Section 52 and unless rebutted, the statutory presumption
of correctness attached to the entries is an inevitable one. Unless such         G
the presumption is rebutted, entries cannot be discarded. The entry
produced of 2007 is not as per the rules, it contains an entry of ‘Jwar’
in column No.5 which is not meant for recording such cultivation and
in the Khasra column 21 and 22 which originally recorded ‘Bir,’ i.e.,
Grassland. Both entries are irreconcilable with each other. The entries
have been made of ‘Jwar’ cultivation in a column not meant for                   H
694                SUPREME COURT REPORTS                      [2019] 13 S.C.R.


A     recording cultivation, the entry is ex-facie spurious manipulated one,
      impermissible and inconceivable and is against instructions contained
      in Kawayad patwariyan, as such no presumption of it being correct
      can be drawn under the provision of Section 52 of Madhya Bharat
      Land Revenue Tenancy ActThe entry which is on the face of it has
      been illegally made and is contradicted by the original entries in Column
B
      Nos.21 and 22 in the same Khasra. Even otherwise land is not recorded
      as Khud-kasht land.
            29. About entries in revenue record Trial Court and First
      Appellate Court, have recorded a concurrent finding of fact that the
      land was not under personal cultivation. It was not open to the High
C     Court to interfere with the findings of fact, which was based on the
      proper appreciation of evidence on record. Even the plaintiff was
      unable to state whether there was any crop in the relevant year 2007
      before Zamindari abolition. Such finding of fact based on proper
      appreciation of evidence could not have been interfered with by the
D     High Court within the ken of Section 100, CPC.
             30. The decision of High Court of Madhya Pradesh in Bheron
      Singh vs. Government of M.P., 1983 R.N. 243 has been relied upon,
      on behalf of the plaintiffs/ respondents, in which the entry of “Bir” land,
      i.e., Grass Land came up for consideration, which was made in the
E     column of ‘Alavajot’ i.e., not under plough. The plaintiff in the said case
      was erstwhile Zamindar of the suit land, and it was recorded as
      ‘Khudkasht land.’ We are unable to accept the proposition mentioned
      above as the provision of section 4(1) of the Abolition Act, 2003 had
      not been considered in Bheron Singh (supra). Where ‘Bir’ land vests
      in the State and only the land under personal cultivation as defined in
F     section 2(c) and so recorded as Khud-Kasht as per section 4(2), was
      saved from vesting. ‘Grass’ was recorded in Alavajot column i.e., in
      area not under plough. The decision in Bhairon Singh (supra) cannot
      be said to be laying down good law, as such it is overruled.
             31. Resultantly, the judgment and decree passed by the High
G     Court deserves to be and are set aside. The judgment and decree passed
      by the Trial Court are restored. The appeal is accordingly allowed. No
      costs.


      Ankit Gyan                                                   Appeal allowed.
H