S.S. Jha, J.

1. This appeal is admitted on the following substantial questions of law :--

(i) "Whether the suit filed by the plaintiffs/appellants was barred under the provisions of Section 57(2) of the M.P. Land Revenue Code, 1959 ?"

(ii) "Whether it was mandatory upon the plaintiffs to deposit the amount for acquiring pucca tenancy rights under Section 38(2) of the Madhya Bharat Zamindari Abolition Act ?"

2. For appreciating the dispute, Section 57 of M.P. Land Revenue Code (Hereinafter, referred to as 'Code') is reproduced below :--

"57. State ownership in all lands :--

(1) All lands belong to the State Government and it is hereby declared that all such lands, including standing and flowing water, mines, quarries, minerals and forests reserved or not, and all rights in the sub-soil of any land are the property of the State Government :

Provided that nothing in this Section shall, save as otherwise provided in this Code, be deemed to affect any rights of any person, subsisting at the coming into force of this Code in any such property.

(2) Where a dispute arises between the State Government and any person in respect of any right under Sub-section (1) such dispute shall be decided