- (1.)This appeal is directed against the judgment of the Madhya Pradesh High court allowing the second appeal preferred by the plaintiff-respondents, herein.
(2.)The plaintiff-respondents brought a suit in the court of civil judge, Dhar for declaration that they being the sub-tenants of the land in dispute had acquired occupancy rights and thereafter have become bhoomiswami of the said land. The case of the plaintiff-respondents was that the land comprising in survey nos. 2, 21, 99, 242, 244 and 309 situate at village mangaol belonged to the defendant-appellant's father Laiji along with laxmanrao. The said Laiji and laxmanrao sub-let the land to the father of the plaintiff-respondents. After the death of Laiji, his widow Bainabai and after her death her daughter became the co-tenant along with Laxmanrao in respect of the disputed land, and they were recorded as such in the revenue record. It was a further case of the plaintiff-respondents that after the death of their father, they continued to hold the land as sub-tenants of the defendant appellant and thus have acquired occupancy right on coming into force the Madhya Pradesh land Revenue Code (hereinafter referred to as 'the Code') and consequently have become Bhoomiswami of the said land under section 189 of the Code w. e. f. 1.7.1961.
(3.)The defendant-appellant contested the suit. Her case, inter alia, was that the land was exclusively belonged to her father, that she let out the land to the plaintiff-respondents and, that, she being a widow, was a disabled person and no occupancy right and for that matter, bhoomiswami right would accrue to the plaintiff-respondent in respect of land in dispute. The trial court found that the defendant-appellant was not a widow and, further, there were two tenants and, therefore, plaintiff-respondents have acquired occupancy right and thereafter have become Bhoomiswami of the said land. In that view of matter, the suit was decreed.