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"29.

29. Classes of persons holding land (1) There shall be under this Code the following classes of persons holding land from the State, that is to say-

(a) Occupants -Class I

(b) Occupants -Class II

(c) Government lessees.

(c) notwithstanding any notification or order issued under Section 150 of the Madhya Pradesh Land Revenue Code, 1954, and holders of land in Bhumidhari rights in any local area in Vidarbha and are permitted hereafter, subject to the rules made by the State Government in this behalf, on payment of a premium (not exceeding three times the assessment payable in respect of such land) to be included in occupants -Class I. (3) Occupants -Class II shall consist of persons who,-

(ii) elsewhere hold hand in occupancy rights with restrictions on the right to transfer under any other law relating to land revenue; and

(c) before the commencement of this Code have been granted rights in unalienated land under leases which entitle them to hold the land in perpetuity, or for a period not less than fifty years with option to renew on fixed rent, under any law relating to land revenue and in force before the commencement of this Code; and all provisions of this Code relating to the rights, liabilities and responsibilities of Occupants - Class II shall apply to them as if they Occupants - Class II under this Code."

Government Grants Act, 1895. In cases where such condition has been imposed, obviously, those cases will not be covered by the definition of "occupants Class-I" so as to enjoy permanent and transferable right in the land.

42. According to the Petitioners insofar as Berar Land Revenue Code, 1928 is concerned, Section 56 thereof provided that subject to personal law, the rights of occupant shall be permanent and transferable and on his death shall pass by inheritance, bequest or survivorship, as the case may be. According to the Petitioners they were enjoying the lands in question as Bhumiswami. It was argued that, that right was protected by the subsequent legislation of Madhya Pradesh Land Revenue Code, 1954 (Section 152) or for that matter, MLRC(Sections 336, 337). Indeed, if the holder of the land possessed permanent and transferable right in the property, he would fall within the definition of "occupant-Class-I" within the meaning of Section 29 of the MLRC. Whether he is covered by definition of occupant-Class-I or not is a question of fact to be examined by the : 76 :