RAM SAKHA BADHAI Vs. DADDI GULLU BADHAI

JUDGEMENT

(1.) THE facts of the case have been given in the first paragraph of his order by the learned Additional Commissioner.

(2.) THE non-applicant, Daddi, who is the recorded Bhumiswami, could apply under section 250 (1) of the Madhya Pradesh Land Revenue Code (hereinafter called the Code) for restoration of the possession if either of the two following conditions is satisfied and not otherwise. THE two conditions under which the non-applicant, Daddi, could succeed are as follows- (1) It should be proved that Daddi was in possession of a particular land and that he was dispossessed by the applicants, Ram Sakha and Ram Manohar of that land. or (2) It should be proved that the applicants, Ram Sakha and Ram Manohar were in lawful possession of some land and that under some provision of the Code, Ram Sakha and Ram Manohar have ceased to be entitled to the use of that land and that, therefore, their continuing in possession is unauthorised. It will have to be seen as to which of the two conditions mentioned above is satisfied in the present case. If neither of the above two conditions is satisfied then the application of Daddi deserves to be rejected.