KANHAIYALAL GIRIDHARILAL Vs. PRABHAKARRAO DAJIBA

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent from a decision of Chaturvedi J. in Second Appeal No. 504 of 1955 whereby the judgment and decree of the District Judge of Chhindwara were reversed and the decision of the Civil Judge, Second Class, Chhindwara, decreeing the Plaintiff -Respondent Kanhaiyalal's claim for possession of certain agricultural land was restored.

(2.) THE Plaintiff then preferred a second appeal in this Court urging that the suit land was his home -farm land within the meaning of Section 2(g)(1)(ii) of Act No. 1 of 1951. This contention found favour with the learned single Judge who, relying on Murlidhar v. Hazarilal 1941 NLJ 612 : ILR 1942 Nag 703 : AIR 1942 Nag 108, held that the word "surrender" as used in Section 2(g)(1)(ii) of Act No. 1 of 1951 was wide enough to include "surrender by operation of law" and that abandonment of land under Section 35 of the C. P. Tenancy Act was nothing else but implied surrender of land from the tenant. On this view, the Plaintiff's claim was decreed by the learned single Judge.

(3.) THE result is that this appeal fails and is dismissed with costs of the Plaintiff -Respondent No. 1.