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1988 Supreme(MP) 140

S.N.AWASTHI
SHYAM SUNDER – Appellant
Versus
HUDIBAI – Respondent


Advocates Appeared:
A.K.CHITALE, Eqbal Hussain, S.D.SANGHI

S. N. AWASTHI, J.

( 1 ) THIS is plaintiffs' second appeal.

( 2 ) THE plaintiffs' suit for possession of 8 survey numbers mentioned in the plaint and for account has been dismissed by the trial Court as well as by the first appellate Court. Hence this second appeal. 2-A. Anandi Prasad and Ranjit Singh were tenants of survey numbers mentioned in the plaint. They granted a Patta to defendants 1, 2 and 3 who were members of joint Hindu family. The question involved in this suit is : whether the Patta creates sub-tenancy in favour of the defendants. The plaintiffs' contention is that it was not sub-lease but merely a partnership. Hence sub-tenancy was not created.

( 3 ) THE Zamindari in Madhya Bharat was abolished on 2-10-1951. The defendants made application before the revenue authorities, on 27-4-1953 stating therein that tenancy right has been acquired by them under S. 38 of that Act. The plaintiffs' case is that there had been a partition between Anandi Prasad and Ranjit Singh. The name of Anandi Prasad was mutated in the revenue records on 19-3-1948. The suit lands fell to the share of Anandi Prasad, who alleged himself to be a disabled person entitled to lease his land. On 12-11-19





























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