Sinha, C. J. - (1.) In these appeals the common question of law that arises for determination is whether the respective grants made by the outgoing proprietors in favour of the respondents convey any rights to them, which could be enforced against the appellant, the State of Madhya Pradesh, after the coming into effect of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (Madhya Pradesh Act I of 1951)-which will be referred to hereinafter as the Act.
(2.) It is not necessary to state the facts of each case in any detail because they are not disputed, and nothing turns on the difference in facts. In Civil Appeal No. 229 of 1961, the respondent obtained, by virtue of registered documents, the grant of 24 villages in Balaghat and Mandla Districts, for propagating lac, the lease to expire on July 31,1955. In Civil Appeal No. 281 of 1961, by virtue of two unregistered agreements, the respondent obtained the right to collect tendu leaves in 37 villages upto July 31,1963. In Civil Appeal No. 282 of 1961, the respondent obtained similar rights from the proprietor by virtue of registered agreements, extending up to the end of the year1962. In Civil Appeal No. 283 of 1961, the respondent obtained the right to collect fruits and flower of Mahua trees from the proprietor, extending down to the year 1969, by virtue of three registered leases.
(3.) On the coming into effect or the Act and the issue of the necessary notifications under S. 3 of the Act, the appellant, the State of Madhya Pradesh, took possession of all the villages comprised in the respective estates of the proprietors, who were the grantors of the several interests indicated above in favour of the respondents. The state refused to recognise the rights claimed by the respondents by virtue of the transactions aforesaid in their favour.;