TUFAIL MOHAMMAD Vs. MANGILAL

JUDGEMENT

(1.) L . The appellant -defendant in this second appeal under section 100, Civil Procedure Code, challenges the judgment and decree passed by Shri Ravi Verma, Additional District Judge. Morena, in Civil Appeal No. 1 -A of 1971 dated 6th September 1973.

(2.) THE plaintiffs Hira and Gopi, who died during the pendency of this appeal and whose legal representatives have been brought on record, filed a suit on 20 -4 -1967 against the appellant -defendant in the Court of Shri V.G. Shrivastava, Civil Judge Class II, Sheopur. In this suit they sought the relief of declaration and possession with regard to survey No. 2022/2 area 8 Bigha and survey No. survey No. 2064 area 5 Bigha and 15 Biswa of village Pandola. The case of the plaintiffs in brief was that they were inducted as sub -tenants of the suit land by the guardian uncle of defendant -appellant. They further contended that as the defendant is trying to evict them, they have filed the suit on the ground that they remained in possession on 2 -10 -1959, the date on which the Madhya Pradesh Land Revenue Cede, 1959. (for short, hereinafter called 'the Code'), came into force'. According to the plaint they have acquired the rights of an occupany tenant under section 185 of the Code, and under section 190 of the Code they have acquired the rights of a Bhumiswami. They further claimed the relief of possession because they are said to have been illegally ejected by the defendant -appellant.

(3.) THE trial Court after framing the issues and recording the evidence of the parties answered the issues against the plaintiffs and dismissed the suit. Deceased plaintiff respondents preferred an appeal in the Court of Additional District Judge, Morena, who set aside the judgment and decree passed by the trial Court and by the impugned judgment held that under the law, the plaintiffs have acquired the rights of an occupancy tenant on 2 -10 -1959, when the Code came into force.