JUDGMENT

R. M. SAHAI, J.:— The short question that arises for consideration in this appeal by grant of special leave against judgment of the Madhya 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 consequently 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.

2. Basis for seeking eviction were forcible occupation by appellant after the respondent had purchased the land from its Bhumiswami on 3rd November, 1958, letting being for cutting grass the appellant could not claim tenancy rights and in any case tenancy having been terminated in April, 1959 the appellant was liable to eviction. 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 See. 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 tenant