STATE OF MADHYA PRADESH AND ORS. versus KRISHNARAO SHINDE AND ORS.

Citation: [1991] 1 S.C.R. 174 · Decided: 29-01-1991 · Supreme Court of India · Bench: T.K. THOMMEN · Disposal: Appeal(s) allowed

Judgment (excerpt)

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STATE OF MADHYA PRADESH AND ORS. 
v. 
KRISHNARAO SHINDE AND ORS. 
JANUARY 29, 1991 
[T. KOCHU THOMMEN AND R.M. SAHA!, JJ.] 
M.P. Land Revenue Code, 1959-Sections 2(h), 181 and 182-
Company whether a Government lessee. 
The Company-Respondent No. 3 entered into a contract of lease 
with the State Government for a period of one year and later it was 
extended for a further period of ten years. 
When proceedings were initiated on 16. 7 .1952 to eject the Com-
pany, the Company filed suit for declaration of title and perpetual 
injunction. 
The trial Court holding that the Company did not become a 
'pakka' tenant under Secti~n 54(vii) of Part II of Act No. 66 of 1950 in 
respect of the suit land and that the Company was "a Government 
lessee under section 181 of the M .P. ·Land Revenue Code, 1959, and was 
not an occupancy tenant under section 185 of the Code, dismissed the 
suit. 
This judgment, was atTinDed by the High Court in First Appeal, 
observing that the land held by the Company under the lease was 
neither zamindari nor ryotwari land. 
Against that judgment, the Company filed an appeal in this Court 
which was withdrawn in 1971. 
Subsequently, the State entered into an agreement with the Com-
pany to grant a fresh lease for a period of ten years from 9.2.1971 
subject to the payment of enhanced rent as agreed upon between the 
parties. 
Since the Company failed to pay the agreed rents and contra-
vened the conditions of the lease, proceedings were initiated under 
Section 182(2)(i) of the Code, for eviction _of the Company from the land 
in question. 
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STATE .OF M.P. v. K. SHINDE [THOMMEN, J.) 
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Eviction order was quashed by the High Court holding .that the 
lease in question was not covered by section 181 of the Code and that the 
Company could not be evicted by the summary proceeding provided for 
under that section, against which the appeal has been rded. 
Allowing the appeal, this Court, 
HELD: 1. A 'Government Lessee' is defmed under the M.P. Land 
Revenue Code, 1959 as "a person holding land from the State Govern-
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ment under section 181 .... [178E] 
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2. As per the promions in section 181 of the M.P. Land Revenue Code, 
1959 whether or not the company has been holding the land in terms of 
the original lease or under the newly stipulated terms of the lease, the c 
Company has been holding ~he land from the State Government and it 
has nev~r been an ordinary tenant as defined in the Madhya Bharat Act 
No. 66 of 1950. Accordingly, whether considered in term of sub-section 
(1) or sub-section (2) of section 181, the Company has been at all mate-· 
rial times a Government~ in respect of the land in questioo. [179G-180A] 
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3. It was in terms of sub-section 2(i) of section 182 that the Addi-
tional Collector made his Order for eviction of the Company. The find-
ing of the Additional Collector is a fmding of fact based on evidence and 
is not liable to be questioned in these proceedings. Large amounts are 
due and paya,ble by the Company as rent. In the circumstances, the 
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Additional Collector was well justified in having recourse to the pro-
ceeding prescribed under section 182 of the Code. [180F-J81A] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1046 
of 1982. 
From the Order dated 20.9.1980 of the Madhya Pradesh High 
Court in M.P.No. 84of1978. 
Dr. N.M. Ghatate, S.V. De'shpande and S.K. Agnihotri for the 
Appellants. 
Aman Vachher, S.K. Mehta, Mrs. Anjali Verma, D.N. Misra 
{for JBD & Co.) and Ashok Srivastava for the Respondent$. 
The Judgment of the Court was delivered by 
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T .K. TH OMMEN, J. 1)iis appeal by the Sta.te of Madhya 
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SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
Pradesh arises from the Order of the Madhya Pradesh High Court in 
Misc. Petition No. 84 of 1978 quashing Order dated 1.10.1977 of the 
Additional Collector, Gwalior, whereby he initiated proceedings 
against the 3rd respondent, the Gwalior Dairy Limited (hereinafter 
called 'the Company') under section 182(2)(i) of the M.P. Land 
Revenue Code, 1959 ('the Code'). Respondent Nos. 1, 2 and 4 are 
sharehQLders of the third respondent. The High Court by the 
impugned Order held that the Company was not a Government lessee 
within the meaning of section 181 (read with section 2(h)] and was, 
therefore, not liable to be proceeded against in terms of section 182. 
The Order of the Additional Collector, Gwalior,

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