Judgement

SHAH, J.: Ramgopal-respondent in this appeal-was a tenant of certain Inam land situate in village Nanda Panth in Indore tahsil. The appellant Rao Nihalkaran - holder of the Inam-served a notice terminating the tenancy on the ground that he needed the land for personal cultivation, and commenced an action in the Court of the Civil Judge, Class II, Indore, on July 21, 1950, against Ramgopal for a decree in ejectment. The Trial Court decreed the suit During the pendency of the appeal to the District Court, Indore by Ramgopal against the decree Madhya Bharat Muafi and Inam Tenants and Sub-tenants Protection Act 32 of 1954 was enacted, and pursuant to the provisions thereof hearing of the appeal remained stayed till 1960. In the mean time the Madhya Pradesh Land Revenue Code (Act 20 of 1959) was brought into force. Ramgopal urged before the District Court that he had by virtue of S. 185 of the Code acquired rights of an occupancy tenant and the appellant s right to obtain an order in ejectment on the ground set up must be refused. The District Judge accepted the contention of the respondent and allowed the appeal. Against the decree passed by the District Court, Indore the appe