ROHINI PRASAD Vs. KASTURCHAND

JUDGEMENT

(1.) Appellant, Rohini Prasad, is aggrieved by the judgment dated October 19, 1987 of the Madhya Pradesh High Court at Jabalpur delivered in Second Appeal. High Court had set aside the findings of the first Appellant Court that appellant had acquired Bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959 (for short, the 'Code'). Appellant was defendant in civil suit filed by the respondent-plaintiff for possession on agricultural land and for mesne profits. Trial Court decreed the suit for possession but did not grant relief for mesne profits. On appeal filed by the defendant (who is now appellant before us), it was allowed and the suit of the plaintiff (now respondent before us) was dismissed. Plaintiff brought the matter to the High Court in second appeal which was allowed. High Court affirmed the decree passed by the trial Court and directed the defendant to hand over vacant possession of the suit land within two months from the date of the judgment and on his failure to do so, the plaintiff would be entitled to mesne profits @ Rs. 1,000/- per year.

(2.) The disputed land is agricultural land governed under the provisions of the Code. Maqsood Ali and Abid Ali were Bhumiswami of the land. They sold the same to the respondent (Kasturchand) by sale deed dated September 12, 1977. Earlier, they had granted lease for one year of this land for the agricultural year 1975-76 to the appellant (Rohini Prasad). High Court has noticed that agricultural year is from 1-7-1975 to 30-7-1976. Rohini Prasad had contended that lease which was granted for the year 1975-76 was extended for a further year 1976-77. If his contention is correct, he becomes Bhumiswami in view of Section 168 of the Code. This Section in relevant part, we reproduce as under:

(3.) Rohini Prasad, it appears, approached the Naib Tehsildar for declaration of his right as Bhumiswami in view of Section 169 of the Code who held in his favour and by order dated March 7, 1979 conferred Bhumiswami rights on him under Section 190 of the Act. That order of the Naib Tehsildar is not on record but can be inferred from the appellate order of the Sub-Divisional Officer in appeal filed by Kasturchand against that order under the Code. Sections 169 and 190, in relevant parts, are as under: