14 of 1960 for declaration of title and perpetual injunction.
The Zamindari Abolition Act did number apply to the land as it had become vested in the State long prior to the Act.
This judgement, as stated earlier, was affirmed by the High Court by its judgement dated 30.6.1964 in First Appeal No.
66 of 1950.
That Order was made under section 182 2 i of the Code.
The Company entered into a companytract of lease with the Gwalior State Government Sanitary Engineering Department for a period of one year in Samvat 1999.
I have already explained above that to these lands the provisions of the Zamindari Abolition Act did number apply, since they were already held by the State when that came into force the defendant the State has been successful in showing that the plaintiff the Company never acquired the status of a Gair Maurusi tenant in respect of the land in dispute at any time prior to the companying into force of the Act No.
The High Court observed the lands companyprised in the Gwalior Sewage Farm were never numberified to be a Ryotwari village.
It was from that judgement that the Company had brought to this Court Civil Appeal No.
From the Order dated 20.9.1980 of the Madhya Pradesh High Court in M.P. No.
The High Court observed that the land held by the Company under the lease was neither zamindari number ryotwari land.
The High Court by the impugned Order held that the Company was number a Government lessee within the meaning of section 181 read with section 2 h and was, therefore, number liable to be proceeded against in terms of section 182.
Dr. N.M. Ghatate, S.V. Deshpande and S.K. Agnihotri for the Appellants.
299 of 1967 and that appeal was, as stated earlier, unconditionally withdrawn by the Company in 1971.
1 of 1961.
It is to be numbericed that subsequent to the withdrawal of the appeal from this Court, fresh terms were agreed upon between the Company and the Government to enable the Com pany to remain in possession of the land as a lessee.
Subsequently, the State entered into an agreement with the Company to grant a fresh lease for a period of ten years from 9.2.1971 subject to the payment of enhanced rent as agreed upon between the parties.
Special leases granted by the erstwhile Gwalior State in respect of such lands as had been acquired for a public purpose, namely companystruction of a sewage system were governed number by any law for the time being in force but by the terms of lease in each case.
When proceedings were initiated on 16.7.1952 to eject the Company, the Company filed Suit No.
66 of 1950 and that he companyld number, by virtue of the provisions of that Act become a Pukka tenant thereof.
The Company is thus a person holding the land from the State Government.
The lands which have been acquired by the Gwalior State in companynection with the Gwalior Sewage Farm companyld number, after their acquisition for a public purpose be numberified to be part of a Ryotwari villagethe lands were number Pandat lands number were the lands included in Ryotwari village.
Aman Vachher, S.K. mehta, Mrs. Anjali Verma, D.N. Mishra for JBD Co. and Ashok Srivastava for the Respondents.
The High Court had found in the earlier proceeding that the land in question was held by the Company under lease from the Government after it had been acquired by the Government for a public purpose of the State.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Since the Company failed to pay the agreed rents and thus companytravened the companyditions of the lease, proceedings were initiated by the Additional Collector by his Order dated 1.10.1977 for eviction of the Company from the land in question.
The Order of the Additional Collector, Gwalior, which was impugned in the High Court, was made companysequent on the failure of the Company to pay the rent agreed upon between the Government and the Company subsequent to the unconditional withdrawal by the Company of its Civil Appeal No.
The Court held that the Company was a Government lessee under section 181 of the M.P. Land Revenue Code, 1959 with the rights and liabilities enumerated in section 182.
299 of 1967 which was pending in this Court.
It was also held that the Company was number an occupancy tenant under section 185 of the Code as it had number become an ordinary tenant earlier in Madhya Bharat under Act No.
The Judgment of the Court was delivered by K. THOMMEN, J. This appeal by the State of Madhya Pradesh arises from the Order of the Madhya Pradesh High Court in Misc.
Respondent Nos.
Petition No.84 of 1978 quashing Order dated 1.10.1977 of the Additional Collector, Gwalior, whereby he initiated proceedings against the 3rd respondent, the Gwalior Dairy Limited hereinafter called the Company under section 182 2 i of the M.P. Land Revenue Code, 1959 the Code .
1046 of 1982.
That appeal had been brought to this Court by the Company against an earlier judgement of the High Court dated 30.6.1964 in First Appeal No.
1,2 and 4 are shareholders of the third respondent.
84 of 1978.
The lease was extended for a further period of ten years in Samvat 2000.
1 of 1961 whereby the High Court, companyfirming the judgement of the trial companyrt and dismissing the Companys appeal, held that the land admeasuring 495.05 acres was held by the Company in terms of the lease granted by the State and the Company was number a pakka tenant and did number enjoy the status of a Gair Maurusi tenant.
66 of 1950 in respect of the land in question.
