DEWAJI Vs. GANPATLAL

JUDGEMENT

(1.) This appeal by certificate granted under Article 133 (1) (a) and (b) of the Constitution is directed against the judgment of the High Court of Judicature at Bombay Nagpur Bench in a Letters Patent appeal allowing the appeal and restoring the decree made in favour of the plaintiff Ganpatlal - respondent before us and hereinafter called the respondent - by the Trial Court as confirmed by the District Court.

(2.) The facts relevant for the determination of the points raised before us are as follows:The respondent, Ganpatlal, was the owner of Field Survey No. 56, measuring 25 acres 4 gunthas, in Yeotmal District. It appears that the respondent used to lease the land to the defendant Dewaji - appellant before us and hereinafter called the appellant- on yearly lease. For the year 1950-5l he gave the land to the appellant on the condition that at the end of the year the lease will stand determined and the appellant will hand over possession. On May 7, 1951, the respondent served a notice on the appellant requiring him to vacate the land in suit. The appellant, however, continued to remain in possession. Thereupon the respondent filed a suit on September 17, 1951, praying for possession, damages and mesne profits. On November 15, 1951, the Berar Regulation of Agricultural Leases Act, 1951 (Madhya Pradesh No. XXIV of 1951) - hereinafter called the 195l Act - came into force , Section 16 of which provides as follows:

(3.) One of the pleas which the appellant took was that he had been recorded as a 'protected tenant' under the 1951 Act and that the Civil Courts had no jurisdiction to eject him in view of Section 8 of that Act. The Trial Court held that the appellant was not a protected tenant under Section 3 (3) of the 1951 Act and the Civil Court had jurisdiction.