( 1 ) THIS appeal has been Filed by the State of Madhya Pradesh after getting leave from this court against the judgment passed by the Madhya Pradesh High court dismissing the appeal filed by the State of Madhya pradesh. ( 2 ) THE brief facts necessary for the disposal of this appeal are that on 25/11/1960 Kurwai Municipal Committee has sold away a plot (house site) bearing Survey No. 1744-dimension 60 x 100 to one gulam Ghaus Khan. Later this person constructed part of the house and sold away this property on 9/07/1962 to the present respondent. ( 3 ) ON 25/09/1963 Municipal Committee Kurwai by a resolution decided to rescind the sale which had already been effected in favour of Gulam Ghaus Khan and this resolution was at the instance of the Collector. This created a dispute and the respondent, therefore, filed a civil suit. During trial of the suit, the last Nawab of the Kurwai State, as it was a Princely State before 1948, was examined as a witness and this witness stated that during the State days when he was the ruler, municipality of Kurwai was the absolute owner of all open lands within the municipal limits. In his evidence it was also made clear by him that during those days his orders were the laws and there was no municipal law in the State except the rulers orders. On this basis the trial court decreed the suit holding that the land in dispute was in the absolute ownership of the Municipal Committee, and the Municipal Committee having sold it away by a subsequent resolution it could not deprive the person who had acquired title. The trial court judgment was maintained by the High court in the second appeal. ( 4 ) THE learned counsel for the State mainly contended that under the scheme of the Madhya Pradesh Land Revenue Code the land is entrusted to the municipality only for the management of the land and local administration but the municipality does not acquire title to the land, and therefore, the municipality had no authority to sell.
( 4 ) THE learned counsel for the State mainly contended that under the scheme of the Madhya Pradesh Land Revenue Code the land is entrusted to the municipality only for the management of the land and local administration but the municipality does not acquire title to the land, and therefore, the municipality had no authority to sell. ( 5 ) ADMITTEDLY the Madhya Pradesh Land Revenue Code came into force much later and if in the erstwhile State of Kurwai which was ruled by Nawab, municipality was the absolute owner of the land the municipality cannot be divested of that property right unless there is anyspecific provision in the Madhya Pradesh Land Revenue Code. But there is none. It was because of this that all the three courts consistently took the view that the municipality had no authority subsequently to rescind the sale, when the sale was effected conferring title. ( 6 ) IN view of the above, we see no reason to entertain this appeal. The appeal is, therefore, dismissed. There will be no order as to costs.