500/ per annum.
An appeal was filed by the State and the High Court came to the companyclusion that the alleged deed was a sham transaction.
Yashchandra filed an appeal and the first appellate companyrt allowed the appeal mainly on the ground that a lease was created by the document in question and, as such, the plaintiff had obtained occupancy rights.
Thereafter, Yashchandra filed a suit for declaration of his occupancy rights in the suit land on the same grounds.
Both these Acts came into force from 7th March, 1974.
In this suit he claimed that Phoolchand had transferred 24 acres of land to him in 1968.
The companypetent authority rejected the objections and declared 20.88 acres of land of Phoolchand as surplus under the Act.
It is the admitted case of the parties that Yashchandra was related to Phoolchand.
Yashchandra filed a petition before the companypetent authority under the Act claiming that he was an occupancy tenant on the eastern part of the land of Phoolchand measuring 25 acres and claimed that this land had been leased out to him vide lease deed dated 21st November, 1968 on a rental of Rs.
The Bill in this regard was published on 15th September, 1959 and the Act was published on 1st October, 1960 after receiving the assent of the President of India.
He further claimed that since he was in occupation of the land he had got the rights of occupancy tenant under Section 169 of the Madhya Pradesh Land Revenue Code, 1959 hereinafter referred to as the Code .
Deepak Gupta, J. The State of Madhya Pradesh enacted the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 hereinafter referred to as the Act .
