Shah, J. - (1.) Of Khasra Nos. 33 and 34 of Maheshwar, District Khargaon, Madhya Pradesh, Nathu Prasad - hereinafter called 'the plaintiff' - is the recorded pattedar tenant. On May 20, 1955 he granted a sub-lease of the land, for a period of five years, to Ranchhod Prasad and Onkar Prasad - hereinafter collectively called 'the defendants'. On June 30, 1960 the plaintiff commenced an action in the Court of the Civil Judge, Maheshwar against the defendants claiming that the sub-lease being in contravention of Section 73 of the Madhya Bharat Land Revenue and Tenancy Act 66 of 1950 the defendants were trespassers in the land. The defendants contended that the lease was valid, and since the plaintiff had received consideration, he was estopped from setting up the plea of invalidity of the lease. The Trial Court decreed the action, holding that the defendants were trespassers and could not acquire Bhumiswami rights claimed by them. The District Court agreed with the Trial Court. In second appeal the High Court of Madhya Pradesh allowed the appeal and dismissed the plaintiff' s action. In the view of the High Court the defendants had acquired rights as occupancy tenants under Section 185 (1) (ii) (b) of the Madhya Pradesh Land Revenue Code. In so holding the High Court relied upon the judgment of the Madhya Pradesh High Court, Rao Nihalkaran vs. Ramchandra, 1963 MPLJ 314. With special leave, the plaintiff has appealed to this Court.
(2.) Section 73 of the Revenue Administration and Ryotwari Land Revenue and Tenancy Act, Samvat 2007 (Act No. 66 of 1950) provides: "No Pakka tenant shall sub-let for any period whatsoever any land comprised in his holdings except in the cases provided for in Section 74. Explanation:- x x x x" Section 74 deals with sub-letting by disabled persons. Since the plaintiff is not a disabled person, the section need not be read. Section 75 provides: "A sub-lease of the whole or any part of the holding of a Pakka tenant effected properly and legally prior to the commencement of this Act shall terminate after the expiry of the period of sub-lease or 4 years after the commencement of this Act, which ever period is less." Section 76 provides: " (1) If the sub-lessee does not hand over possession of the land sub-let to him after the sub-lease ceases to be in force under Section 74 and 75 to the lessor or his legal heir x x x, he shall be deemed to be a trespasser and shall be liable to ejectment in accordance with the provisions of this Act. (2) ********** " Section 78 provides: " (1) Any person who in contravention of the provisions of this Act, obtains possession of any land by virtue of a bequest, gift, sale, mortgage or sub-lease, or of any agreement purporting to be a bequest, gift, sale, mortgage or sub-lease shall be deemed to be a trespasser and shall be liable to ejectment in accordance with the provisions of Section 58. ********** "
(3.) The Madhya Pradesh Legislature enacted the Madhya Bharat Ryotwari Sub-lessee Protection Act, 1955 (Act 29 of 1955). The Act came into force on October 19, 1955. The Act was enacted to provide for stay of proceedings under Section 76 (1) for the ejectment of sub-lessee of ryotwari land after the termination of sub-leases according to S. 75 of the Madhya Bharat Land Revenue and Tenancy Act Samvat 2007. "Ryotwari sub-lessee" was defined in Clause (b) of Section 2 as meaning "a person to whom a pakka tenant of any Ryotwari land has sub-let on sub-lease any part of his Ryotwari land". Section 3 of Act 29 of 1955 provides: "Notwithstanding anything contained in Sec. 76 of the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007, during the continuance of this Act but subject to the provisions contained in Section 4 below, no Ryotwari sub-lessee other than a sub-lessee under Section 74 of the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007, and a sub-lessee deemed to be a trespasser under Section 78 of the said Land Revenue and Tenancy Act, shall be ejected from his land". Section 3 clearly grants protection during the continuance of the Act to sub-lessees. But sub-lessees under Section 74 of the Madhya Bharat Land Revenue and Tenancy Act and a sub-lessee deemed to be a trespasser under Section 78 of that Act and outside that protection.;