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1978 DIGILAW 8 (MP)

Suresh Singh v. Kaweri Bai

1978-01-04

G.G.SOHANI

body1978
Short Note : 1. Plaintiff Kaweribai instituted a suit against Siddhanath for possession of the suit land and for recovery of mesne profits. The plaintiff's case was that defendant Siddhanath was granted a lease of the suit land on 20th March 1953 for eleven months, that after the expiry of that period he became a trespasser but as he failed to deliver possession of the suit land, the plaintiff was entitled to seek possession of the suit land. The trial Court decreed the suite which was upheld in appeal. Held: The learned counsel for the appellant contended that by virtue of the provisions of the M.B. Ryotwati Sub-lessee Protection Act 1955, and the M.P. Land Revenue Code, 1959, the defendant became an occupancy tenant, But, in view of the observations made in Nathuprasad v. Ranchhod Prasad, 1970 RN 75 (SC) the contention, advanced on behalf of the appellant that the appellant had become an occupancy tenant must be held to be untenable. Appeal dismissed.