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Ayyub Khan Jabarkhan Vs. Pundilal Baxilal - Court Judgment

LegalCrystal Citation
SubjectTenancy;Civil
CourtMadhya Pradesh High Court
Decided On
Case NumberMisc. Petn. No. 38 of 1962
Judge
Reported inAIR1968MP57; 1969MPLJ632
ActsTenancy Law; Madhya Bharat Zamindari Abolition Act, 1951 - Sections 15, 33 and 38A; Code of Civil Procedure (CPC) , 1908
AppellantAyyub Khan Jabarkhan
RespondentPundilal Baxilal
Appellant AdvocateD.K. Jain, Adv.
Respondent AdvocateA.P. Sen, Amicus Curiae
Excerpt:
- order83. in accordance with the opinion of the majority the reference is answered by saying that the acquisition of the status of a pucca-tenant by a tenant or a sub-tenant of a tenant under section 38 of the madhya bharat zamindari abolition act, 1951 is automatic on the fulfilment by the tenant or a sub-tenant of a tenant, as the case may be, of the conditions as to deposit in the manner and to the extent provided in section 38 and that an additional naib-tahsildar can exercise the powers of a tahsildar under that provision.84. there will be no order as to costsof this reference.
Judgment:
ORDER

83. In accordance with the opinion of the majority the reference is answered by saying that the acquisition of the status of a pucca-tenant by a tenant or a sub-tenant of a tenant under Section 38 of the Madhya Bharat Zamindari Abolition Act, 1951 is automatic on the fulfilment by the tenant or a sub-tenant of a tenant, as the case may be, of the conditions as to deposit in the manner and to the extent provided in Section 38 and that an Additional Naib-Tahsildar can exercise the powers of a Tahsildar under that provision.

84. There will be no order as to costsof this reference.


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