JUDGMENT

Phukan, J.-In this appeal, by special leave, the appellant has impugned the judgment of the Madhya Pradesh High Court, Jabalpur Bench in Second Appeal No. 219 of 1975.

2. Allarakh was the brother of Naharkhan, who was a Maurusi tenant (occupancy tenant) of the erstwhile Zamindar. The Madhya Pradesh Zamindari Abolition Act, 1951 (for short the Zamindari Abolition Act ) came into force on 2nd of October, 1951. Under the Zamindari Abolition Act, the intermediary was expropriated so that the tiller of the soil became tenant directly under the State. Naharkhan was given status of Bhoomiswami under the Madhya Pradesh Land Revenue Code, 1959. It was alleged that Naharkhan inducted Gulkhan as a tenant before coming into force of the Zamindari Abolition Act and therefore he became a Pacca tenant and continued possession by cultivating suit land. Gulkhan filed an application under Section 38 of the Zamindari Abolition Act before the revenue court for being declared as a Pacca tenant. It was averred that Naharkhan filed an Iqbal Dava (consenting written statement) in the above proceeding before the revenue court making admission of the fact of tenancy of Gulkhan. This application