SUNDERLAL Vs. HEMA

JUDGEMENT

(1.) - This is a petition under Article 227 of the Constitution. The petitioner was an occupancy tenant and the respondents were his sab- lessees by virtue of pattas dated January 7, 1927, granted to them by his father, Bhaiyalal, for a period of 11 years.

(2.) ON October 25, 1950, the petitioner instituted a suit for ejectment under the M. B. Land Revenue and Tenancy Act, No. 66 of 1950 (hereinafter called the Tenancy Act). ON October 13, 1953, the Tahsil Court passed a decree for ejectment in favour of the petitioner. The respondents appealed but the S.D.O. dismissed it on August 24, 1950. They went in second appeal before the Revenue Commisssioner. ON November 28, 1960, that appeal was allowed, following the decision in Raghunath Singh v. Gangabai It was held that the respondents, being sub-lessees, were protected by the statute. The petitioner applied in revision to the Board of Revenue but he did not succeed. Now, he invokes the powers of superintendence of this Court under Article 227 of the Constitution.

(3.) THE M. B. Tenancy Act of 1950 permitted grant of sub-leases by specified classes of persons suffering under certain disabilities; it also recognised sub-leases which had been effected properly and legally prior to the commencement of that Act. Those provisions were contained in sections 74 and 75 of that Act. A sub-lease could be determined as provided in those sections, whereafter, possession was to revert to the lessor.