VITHALDAS Vs. BHANWARIBAI

JUDGEMENT

(1.) DEFENDANTS are in second appeal under section 100 of CP. Code against the judgment and decree, dated 15.9.1982, passed by learned Illrd Additional District Judge, Shajapur in C.A. No. 2-A of 1980 which in turn arise out of Civil Suit No. 7-A of 1971, decided on 2.3.1978 by Civil Judge, Class II, Shujalpur. It was admitted for final hearing on following substantial questions of law -

(2.) WHETHER the finding of the lower appellate Court as regards grant of sub-lease in the year 1968 in favour of the plaintiffs-respondents under written instrument was contrary to law and perverse inasmuch as relevant evidence on this point was not considered?" . 2. Heard Shri S.S. Garg, learned counsel for the appellants and Shri H.Y. Mehta, learned counsel for the respondents.

(3.) IN substance, the case of the plaintiffs was that since, 1949, they are in long possession of the suit land as subtenant of Hiralal (predecessor-in-title of defendants) and with that status of subtenant, they i.e. plaintiff acquired the absolute rights of Bhumiswami in respect of land held by them with effect from commencement of the agricultural year next following the expiry of one year i.e. 2.10.1959. In other words, the case of plaintiffs was that their status of subtenant converted into that of Bhumiswami on MPLR Code coming into force on 2.10.1959 because no action as contemplated in Section 189 and 190 of the MPLR Code was taken by the original Bhumiswami.