https://www.taxtmi.com/caselaws?id=168319 Section 17 of the Madhya Bharat Abolition of Jagirs Act was confined to determining Jagirdari title or entitlement to compensation in resumed Jagir lands, not to deciding whether particular property vested in the State under Sections 4 and 5. The question whether tanks and wells were situated on occupied land and therefore protected by Section 5(c) was treated as a jurisdictional fact. On that basis, the SC noted that the High Court, in writ proceedings under Article 226, could determine the preliminary fact itself on independent judgment. Section 17 was therefore held inapplicable to the dispute. en-us Thu, 25 Jan 1968 00:00:00 +0530 Thu, 19 Feb 2015 12:49:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168319 Section 17 of the Madhya Bharat Abolition of Jagirs Act was confined to determining Jagirdari title or entitlement to compensation in resumed Jagir lands, not to deciding whether particular property vested in the State under Sections 4 and 5. The question whether tanks and wells were situated on occupied land and therefore protected by Section 5(c) was treated as a jurisdictional fact. On that basis, the SC noted that the High Court, in writ proceedings under Article 226, could determine the preliminary fact itself on independent judgment. Section 17 was therefore held inapplicable to the dispute. Case-Laws Indian Laws Thu, 25 Jan 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168319