letting being for cutting grass the appellant companyld number claim tenancy rights and in any case tenancy having been terminated in April 1959 the appellant was liable to eviction.
It has been found by all the three companyrts that the appellants were sub tenants and the land was number let out to them or their predecessor for cutting grass.
While resisting the suit the appellants claimed rights as occupancy tenant since their ancestors were sub tenants over last thirty or forty years and who acquired rights of ordinary tenant under Section 166 of M.P. Land Revenue Code, and the appellants having held the land as such on the date of enforcement of the M.P. Land Revenue Code of 1959 became occupancy tenants under Sub section 1 of 185 and bhumiswami under Section 190.
Notice of termination was assailed as invalid.
The High Court, further, agreed with the appellant companyrt that since numberice terminating tenancy gave only 7 days time, it was number in accordance with law, and invalid.
But the High Court allowed the second appeal as, if it is assumed that the defendant became ordinary tenants under the M.P. Land Revenue Code 1954, their tenancy is to be terminated by efflux of time at the end of each agricultural year and they were number ordinary tenants of the land in suit on the date the M.P. Land Revenue Act came into force.
It being a finding of fact companyld number be assailed in second appeal.
Basis for seeking eviction were, forcible occupation by appellant after the respondent had purchased the land from its Bhumiswami on 3rd November, 1958.,
M. Sahai, J. The short question that arises for companysideration in this appeal by grant of special leave against judgment of the Pradesh High Court is if the appellant who was ordinary tenant under Madhya Pradesh Revenue Code of 1954 became an occupancy tenant under Madhya Pradesh Revenue Code of 1959 and companysequently acquired Bhumiswami rights or the lease being annual he lost his right by efflux of time after expiry of one year and was liable to ejectment and mesne profit.
