BAKTAWARSINGH Vs. BHERUSINGH

JUDGEMENT

(1.) THE Plaintiff brought a suit for declaration that he has become a Pakka tenant of the agricultural land in dispute and that the Defendant be restrained by means of injunction from interfering with his possession. It was stated i the plaint that during the pendency of the sun(sic) in revenue Courts between the parties, regarding the mutation of names, a receiver was appointed and be gave a Patta to the Plaintiff. The Plaintiff's contention is that after being let into possession by the receiver as a tenant, he acquired the rights of a Pakka tenant and that although the mutation proceedings have ended in favour of the Defendant, yet on the basis of the Patta given by the receiver, be has become a Pakka tenant.

(2.) THE trial Court dismissed the Plaintiff's suit and this decision was affirmed in appeal also. Now this is Plaintiff's second appeal.

(3.) SECTION 38 of the M.B. Zamindari Abolition Act deals with the conferring of Pakka tenancy rights to tenants. Clause I of Section 38 runs thus: