354 of 1965 Appeal by special leave from the judgment and order dated December 18, 1962 of the Madhya Pradesh High Court Indore Bench in Second Appeal No.77 of 1960.
The respondent thereafter terminated the tenancy and instituted a suit in the Court of Civil Judge, Class 11, Burwaha, against Mangtya for a decree in ejectment and for mesne profits.
B R. L. lyengar, G. L. Sanghi and A. G. Ratnaparkhi for the appellants.
Sons of Mangtya, who died after the judgment of this High Court have preferred this appeal with special leave.
The High Court upheld the plea of the respondent they held that the expression holds the land from a Bumiswami who belongs to any one or mor of the classes pre dicates two companyditions that the land is held by a tenant under a Bhumiswami, and that at the companyormmencement of the tenancy the landlord who subsequently acqured the status of a Bhumiswami belonged to any one or more of the classes mentioned in sub s. 2 of s. 168 of the Code.
MIC Sup.
C.I./66 14 N. Andley, Rameshwar Nath and P. L. Vohra, for the respondent.
The L. P. A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
B. Dadachanji, 0.
24, 1962.
R. L. Iyengar, G. L. Sanghi and A. G. Ratnaparkhi, for intervener No.
14 of 1961 decided on Sgt.
The Judgment of the Court was delivered by Shah, J. In 1936 certain home farm land in Mouza Belam Bujurg, Paragana Burwaha, of the estate of the respondent were leased for cultivation to one Mangtya by the Court of Wards which was in management of the estate.
The Trial Court decreed the suit for possession and awarded mesne profits at the rate of Rs.
The Court of Wards released the estate on June 14, 1951.
The decree passed by the Trial Court was companyfirmed in appeal by the District Court, Nimar, and the High Court of Madhya Pradesh.
C. Mathur and Ravinder Narain, for intervener No.
respondent may be by virtue of S. 158 b deemed to be a Bhumiswami.
300/per annum from the date of the decree till delivery of possession.
