RAMHET Vs. MANDIR SHRI LAXMINARAIN

JUDGEMENT

(1.) At the instance of Mandir Shri Laxminarain, respondent No. 1 (hereinafter called the respondent-Mandir), proceeding started on July 27, 1964, in the court of the Sub-Divisional Officer, Sabalgarh, district Morena, under Section 168 (4) of the M. P. Land Revenue Code, 1959, (hereinafter called the Code) for the ejectment of Fosuram, who died during the pendency of these proceedings, and whose legal representatives are the petitioners, Ramhet and Raghu-nandan alias Raghunath. The applicants' case was that the non-applicant Fosuram was a sub-lessee. By notice, he was asked to desist from culivation from July 1, 1964 after cutting the Rabi crop. The application was resisted by the non- applicants.

(2.) The Sub-Divisional Officer, by his order dated December 6, 1966 directed ejectment of the non-applicants. They appealed. By his order dated June 22, 1966. the Collector allowed the appeal and dismissed the application. The respondent-Mandir preferred a second appeal, which was allowed by the Additional Commissioner by order dated March 10, 1967. He restored the order of the Sub-Divisional Officer. The non-applicants (petitioners herein) filed a revision before the Board of Revenue, which was dismissed by order dated September 30, 1967. Their review application was also dismissed by order dated February 28, 1970. They have now moved this court under Article 226 of the Constitution for a writ to set aside the orders of the Board of Revenue and the Additional Commissioner.

(3.) There is no dispute that the land in question was muafi Devasthani held by the deity. The Board of Revenue has held that Fosuram was a lessee under ah oral lease from year to year. Fosuram was directed by the lessor to desist from cultivation from July 1, 1964, after cutting the Rabi crop (of Sambat 2020). The lease stood terminated on July 1, 1964 by virtue of Section 168 (4) of the M. P. Land Revenue Code, inasmuch as Fosuram was a lessee of a disabled Bhumiswami within the meaning of Clause (viii) of Sub-section (2) of Section 168 of the Code.