G. P. SINGH, C. J.

( 1 ) A learned single Judge who heard this appeal has referred the following question to be answered by a Division Bench:-

"what is the meaning and effect of the words "holds any land" occurring in Section 185 (1) of the M. P. Land Revenue Code, 1959, whether it means merely continuing in possession even after possession became unauthorised or that of a trespasser"

( 2 ) THE facts found by the learned single Judge are that the plaintiffs-appellants who held the suit lands in malik makbuza rights let out the lands to the defendant by a chilthi dated 25th April, 1957 for the year 1957-58 on Adhiya basis. The defendant had undertaken to deliver back possession on the ex-piry of the period of lease. The suit for possession was filed on 23rd September, 1969. The plea of the defendant was that he became occupancy tenant under Section 185 (1) (i) (c) of the M. P. Land Revenue Code, 1959. The learned single Judge was of the view that although the defendant continued in possession after expiry of the period of the original lease, no implied inference of assent of the plaintiffs could be drawn to the defendants' continuing in possession because the parties were engaged in l

Click Here to Read the rest of this document