(1.) The defendant / appellant has come up in appeal aggrieved by the judgment and decree of the lower appellate Court directing the suit for declaration of title and issuance of permanent preventive injunction to be dismissed in reversal of the decree of the trial Court which had decreed the suit.
(2.) Admittedly, the plaintiff/respondents Nos. 1 and 2 are the recorded Bhoomiswamis of the land. They are the heirs of the late Sewaram and the suit land has devolved upon them from late Sewaram. The plaintiff alleged that he had secured the land on sub-lease from late Sewaram sometime in the year 1946-47 and has been in possession of the land eversince then. With the coming into force of M. P. Land Revenue Code, 1959, the rights of occupancy tenant and then of Bhoomiswami tenant have accrued to him which rights are being denied by the defendant/respondents after the death of late Sewaram in the year 1970.
(3.) The defendants, in their written-statements, denied all the material plaint-averments. The lower appellate Court has found that the plaintiff was inducted as a sub-lessee sometime after the year 1950 and not in the year 1946-47 as alleged by him. It has also been found that late Sewaram was an old aged person, also having gone blind and as such was a person subject to physical disability. He could have validly sub-leased his lands but the sub-lessee would remain a sub-lessee as holding under a person subject to physical disability; his rights would not enlarge into that of a Bhoomiswami.