STATE OF MADHYA PRADESH Vs. KRISHNARAOSHINDE

JUDGEMENT

(1.) This appeal by the State of Madhya Pradesh arises from the Order of the Madhya Pradesh High Court in Misc. Petition No. 84 of 1978 quashing order dated 1-10-1977 of the Additional Collector, Gwalior, whereby he initiated proceedings against the 3rd respondent, the Gwalior Dairy Limited (hereinafter called 'the Company u/S. 182(2)(i) of the M.P. Land Revenue Code, 1959 ('the Code'). Respondents Nos. 1, 2 and 4 are shareholders of the third respondent. The High Court by the impugned order held that the Company was not a Government lessee within the meaning of S. 181 (read with S. 2(h) and was, therefore, not liable to be proceeded against in terms of S. 182.

(2.) The order of the Additional Collector Gwalior, which was impugned in the High Court, was made consequent on the failure of the Company to pay the rent agreed upon between the Government and the Company subsequent to the unconditional withdrawal by the Company of its Civil Appeal No. 299 of 1967 which was ending in this Court. That appeal had been brought to this Court by the Company against an earlier judgment of the High Court dated 30-6-1964 in First Appeal No. 1 of 1961 whereby the High Court, confirming the judgment of the trial court and dismissing the Company's appeal, held that the land admeasuring 495.05 acres was held by the Company in terms of the lease granted by the State and the Company was not a pakka-tenant and did not enjoy the status of a "Gair Maurusi" tenant.

(3.) The Company entered into a contract of lease with Gwalior State Government (Sanitary Engineering Department) for a period of one year in Samvat 1999. The lease was extended for a further period of ten years in Samvat 2000. When proceedings were initiated on 16-7-1952 to eject the Company, the Company, filed Suit No. 14 of 1960 for declaration of title and perpetual injunction. Issue No. (1) in that suit was in the following words:-