HANUMANT SINGH Vs. SHAFIQUE AHMED KHAN

JUDGEMENT

(1.) THIS second appeal has come to be filed under following circumstances. A suit was filed by the present appellant. This was for a declaration and permanent injunction in respect of the agricultural land located in survey Nos. 302 and 490. (Old Survey Nos. 292 and 556) The land is situated in village Sunoti, Tehsil Sironj, Distt. Vidisha. The declaration was sought on the plea that plaintiff was occupancy tenant and therefore, on 2nd of October, 1959, the date on which, Madhya Pradesh Land Revenue Code of 1959 (hereinafter referred to as 'code' of 1959) came into force, he acquired 'bhumi swam' rights. It was this plea which was main plank for seeking declaration as noticed above.

(2.) THE defendants put an appearance. They took a plea that the plaintiff/appellant was not an occupancy tenant and therefore, he could not acquire any right in terms of Section 158 of the 1959 Code. A plea was also taken that the land in question was 'service land' and therefore, no lease could be granted which would be beyond a period of one year.

(3.) THE trial Court recorded following findings :