MALTI WD/O NICHARELAL Vs. DEVIRAM

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of S.A. No. 147/85, the parties to both the appeals being common substantially, and the two appeals arising out of two cross suits, in the circumstances to be noticed hereafter. The main judgment is being delivered in this appeal, though instituted later in point of time before this Court, as this appeal arises out of the suit which had commenced earlier in point of time.

(2.) ON 9 -8 -1974, Deviram, the respondent No. 1, instituted Civil Original Suit No. 92 -A/74 impleading Maltibai, widow of Nicharelal, and sons and daughters of late Nicharelal as defendants seeking declaration of his title over land S. No. 241 area 1 bigha 16 biswas situated at village Alapur, tahsil Joura, Distt. Morena. Nicharelal had expired sometime in the year 1971. The plaintiff Deviram alleged that late Nicharelal had inducted the plaintiff Deviram as sub -tenant on the suit land sometime in samvat year 2017 (near about B.Y. 1960), ever since when he had continued to cultivate the land. However, it was found that in the revenue papers, he was merely recorded in the remarks column as the person in possession. Apprehending a cloud cast on his title, the plaintiff sought for declaration of his Bhumiswami rights in the background of the provisions of the M. P. Land Revenue Code, 1959 recognising sub -tenants as occupancy tenants and enlarging their rights into that of a Bhumiswami on failure of the Bhumiswami to resume the land.

(3.) VIDE order dated 25 -1 -1986, Second Appeal No. 159/85 was admitted by this Court for hearing parties on the following two substantial questions of law: - -