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1962 (5) TMI 26 - SC - Indian LawsWhether 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 of 1951)? Held that:- Whatever may have been the nature of the grant by the outgoing proprietors in favour of the respondents, those grants had no legal effect as against the State, except in so far as the State may have recognized them. But the provisions of the Act leave no manner of doubt that the rights claimed by the respondents could not have been enforced against the State, if the latter was not prepared to respect those rights and the rights created by the transactions between the respondents and their grantors did not come within any of the saving clauses of s. 5.Appeal allowed.
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