- (1.) This appeal has been preferred by the Legal Representatives of the original plaintiff. The original defendants are also dead and are now represented by their Legal Representatives. The plaintiff sought eviction of the defendant and possession of the suit lands. The suit was dismissed throughout and decree has been confirmed in the second appeal by the High Court.
(2.) Shorn of details, the question involved is whether the suit lands which continued in possession of the defendants even after expiry of their term of lease, can be claimed by the plaintiff landlord, as his Khudkasht lands of which he can retain possession as an ex-proprietor under sub-section (2) of Section 4 of Madhya Bharat Zamindari Abolition Act, 1951 (for short 'the Act').
(3.) The relevant facts as concurrently found by all the Courts and are no longer in dispute are as under :- The plaintiff Virendra Singh was proprietor or Zamindar of Survey No. 216 of village Kanawar, District Bhind. The suit lands in that Survey were recorded up to Samvat 1999 (corresponding to the year 1942) as Zamindar's 'Khudkasht' lands as defined in section 2(c) of the Act. Under Gwalior-Mal-Qanoon which was the revenue law applicable to the agricultural lands of the Gwalior region of erstwhile State of Madhya Bharat, Khudkasht lands could be leased by the proprietor for cultivation. A lease for a period of eight years was granted to the defendants. On expiry of the period of lease i.e. in July 1951, the proprietor promptly instituted eviction proceedings in the Revenue Court under the Gwalior-Mal-Qanoon, for obtaining possession of the land. The proceedings for eviction instituted prior to the coming into force of the Act did not fructify in favour of proprietor. Those proceedings terminated as inconclusive because the Legal Representatives of one of the tenants were not brought on record.;