NATHU PRASAD Vs. RANCHHOD PRASAD

JUDGEMENT

(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:

(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: