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Madhya Pradesh High Court · body

1977 DIGILAW 39 (MP)

Keshavlal v. State of M. P.

1977-01-28

K.K.DUBE

body1977
Short Note : 1. Government gave on lease the disputed plot to construct the house to the plaintiff-appellants. As the plaintiff appellants failed to construct the house, the Government after giving not ice to the plaintiffs took possession of the suit land though it had realised rent from the plaintiff. The first appellate Court was of the view that section 112 of the Transfer of Property Act, could not be invoked as the grant was under the Government Grants Act, 1895 and for a breach of the condition of the lease the land could be resumed 2. Held; The only contention raised is that the Government could not take law into their own hands and for taking possession of the land, they should have filed a suit, about the breaches of the condition determined and then obtained possession. The two Courts below found that the plaintiffs were guilty of breaches, they heaving not completed the construction over the plot of land as required The Government, therefore had a right of re-entry and the Courts having found that there had been, in fact breaches on the part of the lessees, nothing remains to be done. distinguished. Appeal dismissed.