GOPAL NARAIN Vs. KANCHANLAL

JUDGEMENT

(1.) THE present Spe cial Appeal arises out of consolidation pro ceedings. The dispute between the parties relates to plots Nos. 154, 171 and 177. Gopal Narain and Tula Ram were the tenants of these plots. They surrendered them in favour of the land-holder Smt. Rani Chauhani on 14th July, 1943. The land-holder came in possession over the plots. On 9th December, 1944, the land- holder settled the plots with Kanchan Lal, Raghubir, Ram Kishan and Babu Ram (hereinafter to be referred to as the newly inducted tenants).

(2.) IN 1947 the U. P. Tenancy Act of 1939 was amended by the U. P. Ten ancy (Amendment) Act, 1947 (Act No. X of 1947). It was designed to give relief to certain tenants who had suffered at the hands of the zamindars. Section 27 (1) of U. P. Act X of 1947 gave relief to tenants who had been ejected under Section 165 or Section 171 or Section 180 of the U. P. Tenancy Act. Sub-section (2) of Sec. 27 of U. P. Act X of 1947 gave relief to such tenants who had surrendered their plots on account of fraud, undue influence or coer cion on the part of the zamindar. It was open to such tenants to apply for reinstate ment within six months from the date of the enforcement of U. P. Act X of 1947.

(3.) SECTION 5 of the U. P. Consoli dation of Holdings Act (hereinafter referred to as the Consolidation Act) provided for the stay of all proceedings for correction of record and all suits for declaration of rights or for possession of land pending in any Court. This was, however, without pre judice to the rights of the persons affected to agitate the matter in dispute before the consolidation authorities. The Board of Re venue accordingly stayed the proceeding before it in view of Section 5 of the Con solidation Act.