AMBIKA PRASAD Vs. KAMLA PRASAD

JUDGEMENT

(1.) THE following question of law has been referred by a learned single Judge of this Court (O. P. Trivedi, J.) for answer by a Full Bench of five Judges:

(2.) REFERENCE to a Full Bench of five Judges had to be made because the learned single Judge was of the opinion that there was a conflict in Full Bench deci sions of this Court. It is not necessary to mention all the facts giving rise to these second appeals because we are concerned only with the decision of the question re ferred to us and not with the disposal of the second appeals. These second appeals arise from suits Nos. 992 of 1955 and 993 of 1955 of the court of the Munsif Tarabganj at Gonda. The appellants filed three suits in revenue courts against the respondents under Sections 175/179, U. P. Tenancy Act for the latter's ejectment from the plots in dispute. These suits were compromised on 27-3- 1948. The compromise was to the effect that the respondents having received a sum of Rs. 1800/- as Zare Peshgi from the plaintiffs-appellants, the suit in respect of possession of the plots in dispute shall be decreed and from the date of the com Eromise the defendants-respondents will ave no concern of any kind with the plots in dispute and that the plaintiffs-appellants will be entitled to take possession of the land at. once. These compromises were effected towards the end of 1355 F. Till then the plaintiffs- appellants were recorded as tenants and the defendants-respondents as sub-tenants over the disputed plots. The same entry continued in 1356 F. also in the village records.

(3.) THE case of the defendant-res pondents was that as they were recorded as occupants of the plots in dispute in the Khasra and Khetauni of 1356 F. they had acquired Adhivasi rights under Section 20 (b) of the Act. Since the compromise decree did not in terms require any correc tion to be made in the said entry Explana tion III would have no application.