Supreme Court of India
Himatrao v. Jaikishandas and Ors.
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What the Court ordered
In the result, therefore, we allow the appeals, set aside the decrees passed by the High Court and remit the entire suit to the High Court for decision on merits.
Judgment, page 6
From the headnote
c The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahai.f, Alienated Lands) Act, 1950 (! of 1951), ss. 3· and 4-Vesting of pro prietary interest in land in State-Right to claim partition of 'home-farm' land whether affected by such vesting. The appellant's suit for partition of his share of 'homt>-farm' land in the Berar area of Madhya Pradesh was partly decreed by the trial court. Both sides filed appeals and the first appellate court also decid*1 in favour of the appellant. The High Court however dismissed the suit as infructuous on the ground that by virtue of the Madhya
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