TMI Blog1969 (10) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... plaintiff commenced an action in the Court of the Civil Judge, Mahesh-war against the defendants claiming that the sub-lease being in contravention of Section 73 of the Madhya Bharat Land Revenue and Tenancy Act 77 of 1950 the defendants were trespassers in the land. The defendants contended that the lease was valid, and since the plaintiff had received consideration, he was estopped from setting up the plea of invalidity of the lease. The Trial Court decreed the action, holding that the defendants were trespassers and could not acquire Bhumiswami rights claimed by them. The District Court agreed with the Trial Court. In second appeal the High Court of Madhya Pradesh allowed the appeal and dismissed the plaintiff's action. In the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny land by virtue of a bequest, gift, sale, mortgage or sub-lease, or of any agreement purporting to be a bequest, gift, sale, mortgage or sub-lease shall be deemed to be c trespasser and shall be liable to ejectment in accordance with the provisions of Section 58. 3. The Madhya Bharat Legislature enacted the Madhya Bharat Ryotwari Sub-lessee Protection Act, 1955 (Act 29 of 1955). The Act came into force on October 19, 1955. The Act was enacted to provide for stay of proceedings under Section 76(1) for the ejectment of sub-leases of ryotwari land after the termination of sub-leases according to Section 75 of the Madhya Bharat Land Revenue and Tenancy Act Samvat 2007. Ryotwari sub-lessee was defined in Clause (b) of Section 2 as meaning a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd as ryotwari sub-lessee as defined in the Madhya Bharat Ryotwari Sub-lessee Protection Act, 1955 (29 of 1955); or . . . shall be called an occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon an occupancy tenant by or under this Code. By Section 185 of the Madhya Pradesh Land Revenue Code a person who is holding land as a ryotwari sub-lessee under Act 29 of 1955 is deemed to be an occupancy tenant and is entitled to all the rights and is subject to all the liabilities conferred or imposed upon an occupancy tenant by or under the Madhya Pradesh Land Revenue Code. 5. A person inducted as a sub-lessee, but who by express provision contained in Section 73 read with Section 78 of Act 66 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The bar was to operate during the continuance of that Act which was for a definite duration notwithstanding anything contained in Section 76 and 78 of the Madhya Bharat Land Revenue and Tenancy Act barring exceptions contained in Section 74 of that Act. The observation that protection was given to sub-lessees, notwithstanding anything contained in Section 78 was apparently made through oversight; it is contrary to the express provisions of the Act. 7. The High Court was, in our judgment, in error in holding that the defendants had acquired the status of occupancy tenants by virtue of Section 185(1)(ii)(b) of the Madhya Pradesh Land Revenue Code (Act 20 of 1959). 8. The appeal is allowed. The order passed by the High Court is set aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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