The District Court agreed with the Trial Court.
Appeal by special leave from the judgment and decree dated July 9, 1965 of the Madhya Pradesh High Court, Indore Bench in Second Appeal No.
C. Bhandare, K. Rajendra Chaudhuri and K. R. Chaudhuri, for the respondents.
254 of 1962.
On June 30, 1960 the plaintiff companymenced an action in the Court of the Civil Judge, Maheshwar against the defendants claiming that the sub lease being in companytravention of s. 73 of the Madhya Bharat Land Revenue and Tenancy Act 77 of 1950 the defendants were trespassers in the land.
The Judgment of the Court was delivered by Shah.,
J. Of Khasra Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Trial Court decreed the action, holding that the defendants were tres passers and companyld number acquire Bhumiswami rights claimed by them.
Rameshwar Nath and Mahinder Narain, for the appellant.
The defendants companytended that the lease was valid, and since the plaintiff had received companysideration, he was estopped from setting up the plea of invalidity of the lease.
33 34 of Maheshwar, District Khargone, Madhya Pradesh, Nathu Prasad hereinafter called the plaintiff is the recorded pattedar tenant.
2111 of 1966.
On May 20, 1955 he granted a sub lease of the land, for a period of five years, to Ranchhod Prasad and Onkar Prasad hereinafter companylectively called the defendants.
