BHARGAVA, J. :- This matter is before us in the following circumstances : The non-petitioner filed an application under S.38 of the Madhya Bharat Zamindari Abolition Act before the Additional Naib-Tehsildar of Shujalpur for conferring of pucca-tenancy rights on him. The petitioner resisted the claim on various grounds, namely, that the non-petitioner was not a sub-tenant, that he was in possession of the land only as a trespasser and, therefore, was not entitled to become a pucca-tenant; that the applicant was a weak and infirm person incapable of cultivating the land personally within the meaning of the Section 74 of the Madhya Bharat Land Revenue and Tenancy Act, 1950, and therefore, even if the non-petitioner were held to be a sub-tenant of the land he could only continue in his capacity of a sub-tenant and could not be recognised or declared as a pucca-tenant and that the amount deposited by him was insufficient. The Additional Naib-Tehsildar recorded evidence adduced by the parties in respect of the aforesaid objections and by his order dated 28-2-1958 conferred the rights of pucca-tenant on the non-petitioner over the land in question excepting two Khasra numbers.

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