Judgement

SHAH, J.: Of Khasra Nos. 33 and 34 of Maheshwar, District Khargaon, Madhya Pradesh, Nathu Prasad - hereinafter called the plaintiff - is the recorded pattedar tenant. On May 20, 1955 he granted a sub-lease of the land, for a period of five years, to Ranchhod Prasad and Onkar Prasad - hereinafter collectively called the defendants . On June 30, 1960 the plaintiff commenced an action in the Court of the Civil Judge, Maheshwar against the defendants claiming that the sub-lease being in contravention of Section 73 of the Madhya Bharat Land Revenue and Tenancy Act 66 of 1950 the defendants were trespassers in the land. The defendants contended that the lease was valid, and since the plaintiff had received consideration, he was estopped from setting up the plea of invalidity of the lease. The Trial Court decreed the action, holding that the defendants were trespassers and could not acquire Bhumiswami rights claimed by them. The District Court agreed with the Trial Court. In second appeal the High Court of Madhya Pradesh allowed the appeal and dismissed the plaintiff s action. In the view of the High Court the defendants had acquired rights as occupancy tenants under Section