NIHALKARAN Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters patent is directed against the decision of Krishnan in Civil Second Appeal No. 246 of 1954. It arises out of a suit for ejectment from an agricultural housing of which the Plaintiff -Appellant was Pakka tenant and which he had leased out to the Defendant Mulchand on annual rent of Rs. 32 -8 -0. The Plaintiff gave notice to the Defendant Mulchand on 31 -12 -1951 calling upon him to vacate the land by the 30th of June 1952 which he considered as the end of the current agricultural year. The Defendant in answer to the claim for ejectment set up a permanent lease in his favour and also contended that the notice to quit was illegal as the agricultural year ended not on 30 6 1962 but on Akha Teej i.e. in 5 -6 -1952. During the pendency of the suit Mulchand died and his 3 sons were brought on record as his legal representatives.

(2.) THE trial Court found against the Defendant on both these points and decreed the Plaintiff's claim. On appeal the decision was confirmed on 16 -11 -1954.

(3.) IN this appeal Mr. Bhalerao for the Appellant contended firstly that apart from whatever could have been said in favour of ex -sub -tenant deceased Mulchand had he been alive on the Interpretation put upon Section 185(1)(ii)(b) of the Madhya Pradesh Land Revenue Code the Respondents who are the sons of the deceased sub -tenant cannot claim the status of occupancy tenants in any case, secondly that on a correct interpretation of the actual wording of Section 185(i)(ii)(b) even deceased Mulchand could not have claimed himself to be and occupancy ejanant by reason of that provision.