HIMATRAO vs JAIKISHANDAS AND ORS.

The Supreme Court held that under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, while the proprietary interest in land vests in the State, ex-proprietors retain the right to claim partition of 'home-farm' land. The Court clarified that the acquisition of proprietary rights does not extinguish the rights of co-sharers to seek declarations regarding their shares. The High Court's dismissal of the suit as infructuous was overturned, affirming the right to partition despite the vesting of land in the State.