SHYAM SUNDER Vs. HUDIBAI

JUDGEMENT

(1.) This is plaintiffs' second appeal.

(2.) The plaintiffs' suit for possession of 8 survey numbers mentioned in the plaint and for account has been dismissed by the trial Court as well as by the first appellate Court. Hence this second appeal. 2-A. Anandi Prasad and Ranjit Singh were tenants of survey numbers mentioned in the plaint. They granted a Patta to defendants 1, 2 and 3 who were members of joint Hindu family. The question involved in this suit is : whether the Patta creates sub-tenancy in favour of the defendants. The plaintiffs' contention is that it was not sub-lease but merely a partnership. Hence sub-tenancy was not created.

(3.) The Zamindari in Madhya Bharat was abolished on 2-10-1951. The defendants made application before the revenue authorities, on 27-4-1953 stating therein that tenancy right has been acquired by them under S.38 of that Act. The plaintiffs' case is that there had been a partition between Anandi Prasad and Ranjit Singh. The name of Anandi Prasad was mutated in the revenue records on 19-3-1948. The suit lands fell to the share of Anandi Prasad, who alleged himself to be a disabled person entitled to lease his land. On 12-11-1954, Tehsildar found that partition had taken place and further that Anandi Prasad was a disabled person. The application of the defendants was, therefore, dismissed. The S.D.O. also dismissed the appeal, but the Second Appeal preferred therefrom by the defendants was allowed on 2-4-1958. Anandi Prasad died on 26-5-1958. His legal representative Brijdevi filed a revision before the Board of Revenue which was allowed, but on 19-7-1963 re-hearing on review application was done and the revision was dismissed on 15-1-1964. A writ petition (M.P. No. 17/64) was, filed against that order which was dismissed. It is reported in Brijdevi v. Manakchand, 1969 Jab LJ 556: 1969 RN 290.