THE ADDITIONAL SETTLEMENT COMMISSIONER vs YESHWANT MADHAO MAHAJAN

The Supreme Court held that under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1951, an undivided interest in land can qualify as 'home farm' if it meets specific criteria outlined in Section 2(g). The Court ruled that the land leased for cultivation should be retained by the proprietor as per Section 4(2) of the Act, emphasizing that the intention to convert land for agricultural use is sufficient for retaining possession, regardless of the lessee's failure to cultivate it. The High Court's order was quashed, affirming the Compensation Officer's decision.