Decided on March 06,1980

RAMLAL Appellant
MISHRILAL Respondents

Referred Judgements :-



H.G.MISHSAL, J. - (1.)THIS is plaintiff's appeal against the judgment and decree dated 14 -2 -69, passed by Additional District Judge, affirming the Judgment and decree dated 4 -11 -66. passed by the trial Court dismissing his suit for declaration of status as Bhumisswami and recovery of possession of the suit land.
(2.)FACTS material for decision of this appeal are as under: -
Plaintiff -appellant filed the present suit on the allegations that Sandersingh, his predecessor in -interest was a blind man. He sublet in Samvat 2010 (1953 A.D.) the land comprised in Survey No. 16 in area 5 Bigha 2 Biswas, situated in village Hatkheda in Tehsil and District Vidisha to the defendants. Thereafter, on 10 -10 -1953 Sandersingh died and the name of the plaintiffs was mutated in the place of Sandersingh. Thus, the plaintiffs became aware that the defendants had submitted an application under Sec. 38 of the M. B Zamindari Abolition Act, Samvat 2008 (Act No. 13 of 1951), (for short the 'Zamindari Abolition Act') for conferral of pakka tenancy right which was rejected by the Tehsildar and an appeal preferred against the order of the Tehsildar stood rejected by the Additional Commissioner on 7 -10 -1961. Thus the possession of the defendants have become that of trespassers w.e.f. 7.10.1961, and they have no right to continue in possession thereof. On these averments the plaintiff sought declaration of title to the effect that the defendants have not become pakka tenants and or Bhumiswami of the suit land and a decree for restoration of possession was also sought along with mesne profits at the rate of Rs. 300/ - per year pendents lite till recovery of possession.

The defendants resisted the claim of the plaintiff -inter alia on the ground that they were sub -tenants of the suit land in the life time of Sandersingh and even after his death they became sub -tenant vis -a -vis the plaintiffs and by continuance in possession of the suit land on 2.10.59, with the commencement of M. P. Land Revenue Code, 1959 (for short the 'Code'), they became 'occupancy tenants' of the suit land by virtue of operation of law contained in Sec. 185 (1) (ii) (d) there of.

(3.)THE trial Court dismissed the suit. Aggrieved by this judgment and decree the plaintiffs preferred an appeal which met with the same fate. Hence, this second appeal.

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