Shorthand Dictation, Legal, Transcription No. 2

We have heard the learned counsel for the parties including the Amicus Curiae, Shri R.D. Jain, Senior Advocate as well as Shri S.B. Mishra, Senior Advocate and have carefully perused the various provisions of the Madhya Pradesh Land Revenue Code, 1959.

The Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) was brought into force with effect from 21^st September, 1959, after receiving the assent of the President on 15th September, 1959, This Act was brought into effect (80) to consolidate and amend the law relating to the land revenue, the powers of the Revenue Officers, rights and liabilities [100] of holders of land from the State Government agricultural tenures and the other matters relating to the land and liabilities {120} incidental thereto in Madhya Pradesh.

The Madhya Pradesh Land Revenue Code, 1959, is a special local law. Section 29 of the Limitation Act, 1963, provides that where any special or local law prescribes for a suit, appeal or application a (160) period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed [200] for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly excluded by such special ({240}) or local law. In the absence of any provision in the Madhya Pradesh Land Revenue Code, 1959, which may suggest exclusion of Section 27 of the Indian Limitation Act in respect of the rights envisaged under the Code, it is obvious that as provided under Section 27 of the Limitation Act, 1963, at the determination of the period prescribed for [300] instituting a suit for possession of any land the right of the person concerned to such land has to (320) be taken to have been extinguished. With the extinguishment of the right, the accrual of fresh right is contemplated under the provisions of the Madhya Pradesh Land Revenue Code, only in certain specified situations which is apparent from the various provisions {360} of the Code.

As has already been noticed hereinabove the legislative scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, clearly contemplates specified modes whereunder a person could become a "bhumiswami" as contemplated under Section 158 of ([400]) the said Code. The first category of bhumiswamis contemplated under the Code is of those persons who satisfied the minimum requisite conditions as enumerated in Section 158 of the Code on the date of the coming into force of the Code. The second category of bhumiswamis consists of those persons specified in Section 158 (3) of the Code which fall in the category of Government lessees before the enforcement of the Madhya Pradesh Land Revenue Code Amendment Act, 1992. The ({480}) third category of bhumiswamis consists of those persons which are contemplated under Section 158 (3) (ii) of the Code. The [500] bhumiswami right contemplated in favour of such persons is subject to various restrictions. The other category of persons who could acquire bhumiswami rights is contemplated under Section 105 read with Sections 190 and 191 of the Code, where an occupancy tenant can become a bhumiswami on his satisfying the minimum requisite eligibility criteria and satisfying further the requisite conditions contemplated (560) under those provisions. 563 Words