AVYUB KHAN Vs. FUNDILAL

JUDGEMENT

(1.) THE petitioner Ayyub Khan, prior to the coming into force of the Madhya Bharat Zamindari Abolition Act, was a tenant in the Zamindari Village in which the disputed land is situated. Opponent Fundilal, claiming himself to be a sub-tenant, submitted a petition for conferral upon him the status of a PACCA KRISHAK after making the requisite deposit as provided in that section. This petition was placed for consideration before the Additional Naib-Tehsildar. Ayyub Khan contended that Fundilal was not a sub-tenant. He was merely a trespasser. Consequently he could not become PACCA KRISHAK in respect of the disputed land. Secondly he contended that even if it were assumed that Fundilal was a sub-tenant still in view of the proviso in section 38 (2) of the Madhya Bharat Zamindari Abolition Act he ought to continue to remain as a sub-tenant as he is a person under disability contemplated under section 74 of the Madhya Bharat Land Revenue and Tenancy Act.

(2.) THE Naib-Tehsildar rejected both these contentions and held that Fundilal was entitled to the status of a PACCA KRISHAK. THE status was accordingly ordered to be conferred, upon him.

(3.) A revision petition was thereupon preferred by Ayyub Khan. This was rejected on 30-6-1962.