GOPILAL BADRILAL VAISHYA Vs. BAJRANGA

JUDGEMENT

(1.) THIS second appeal has been filed by the appellant defendant against whom a decree has been passed by the A. D. J. Morena in C. A. No. 102/68, dated 31-10-69, setting aside the judgment and decree passed by Civil Judge (Class II) Sheopur in C. S. No. 29-A/66, dated 21-9-66.

(2.) THE respondents plaintiffs filed a suit in the Court of Civil Judge (Class II) Sheopur for declaration in respect of survey Nos. 39, 249, 364, 365, 566, 607 and 614 situated in village Indrapura that they had acquired the rights of occupancy tenants on the ground that they were sub-tenants of the appellant defendant and by coming into force of the M. P. Land Revenue code, they had now acquired the status of occupancy tenants and, therefore, entitled to be conferred with the rights of Bhoomiswami.

(3.) THE appellant defendant's plea in the written statement was that he was a disabled person as contemplated in clause (v) of section 168 (2) of the m. P. Land Revenue Code. It was also contended that in this view of the matter, he being a person protected, the rights of occupancy tenants could not be conferred on the plaintiffs respondents in view of the language of section 185 of the M. P. Land Revenue Code.