Judgment

KULDIP SINGH, J.:- This appeal by the State of Madhya Pradesh is directed against the order dated April 8, 1987 of Indore Bench of the Madhya Pradesh High Court, wherein the expression "Trader" under Section 2(p) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (the Act) has been interpreted to include an agriculturist.

2. Sub-sections (b), (e) and (p) of Section 2 which are relevant are reproduced hereunder :-

"(b) agricu1turist means a person whose main source of livelihood is wholly dependent on agricultural produce and who cultivates land on ones own accounts -

(i) by ones own labour: or

(ii) by the labour of either spouse; or

(iii) under the personal supervision of oneself or any member of ones family referred to in sub-clause (ii) above by hired labour or by servants on wages payable in cash or kind but not as crop share, but does not include a trader, commission agent, processor, broker, weighmen or hammal of agriculture produce although such trader, commission agent, processor, broker, weigh-men or hammal may also be engaged in the production of agriculture produce;"

(e) Commission agent means a person who on behalf of his principal trader and in consideration of