BIRENDRA PRATAP SINGH Vs. GULWANT SINGH

JUDGEMENT

(1.) The disputed land was the ex-proprietary tenancy of one Parmeshwar Singh who, on the 5th June, 1947, executed a sub-lease in favour of the appellants on an annual rent of Rs. 74. The sub-lease was registered on 22nd June, 1947. It laid down that the tenancy was to commence from the beginning of the year 1355 Fasli, i. e., with effect from 1st July, 1947. In pursuance of this sub-lease, the appellants entered into possession. On 15th January, 1951, Parmeshwar Singh, the ex-proprietary tenant, surrendered his tenancy rights to the landlord and on the same date the landlord executed a lease in respect of this land in favour of the respondents. The appellants, however, continued to remain in possession. Thereafter, on 1st July, 1952, the U. P. Zamindari Abolition and Land Reforms Act, 1950 (No. I of 1951) (hereinafter referred to as "the Act") came into force. Disputes arose between the appellants and the respondents who both claimed to have become Sirdars of this land and' consequently, on 1st August, 1952, the appellants instituted a suit for a declaration that they were the Sirdars of the disputed land. They also prayed for an injunction restraining the respondents from interfering with the possession of the appellants. In the alternative, a prayer was also made for a decree for possession in case it was found that the appellants had been dispossessed. The Munsif, who tried the suit held that the appellants had become Sirdars under Section 19 (vii) of the Act and, consequently, decreed the suit. The decree was affirmed by the first appellate Court as well as by a Single Judge of the Allahabad High Court in second appeal. A special appeal to a Division Bench was taken up by the respondents with the leave of the single Judge. In this special appeal, the High Court held that the appellants did not become Sirdars of this land when the Act came into force and, consequently, allowed the appeal and dismissed the suit of the appellants. The appellants have now come up to this Court against this decree of the High Court under special leave granted by this Court.

(2.) The appellants claimed to have become Sirdars of this land under S. 19 (vii) of the Act which is as follows:-

(3.) The first ground, on which the continuance of sub-tenancy, even after the surrender by Parmeshwar Singh, is claimed by the appellants, is based on the provisions of Section 295-A of the Tenancy Act which was introduced in that Act by Section 26 of the United Provinces Tenancy (Amendment) Act X of 1947 and which reads as follows:-