SORAN SINGH Vs. THE BOARD OF REVENUE

JUDGEMENT

(1.) A Bench has referred these two connected special appeals to a Full Bench because it felt that the decision of another Division Bench in Gopal Narain v/s. Kanchan Lal, 1971 AWR 451 required reconsideration.

(2.) Bhagmal, the Respondent, was the original hereditary tenant of the holding in suit. The zamindars obtained a decree for the ejectment of Bhagmal Under Sec. 171 U.P. Tenancy Act, 1939, on February 7, 1942. In execution, possession was delivered to the zamindars on 29th May, 1942. A couple of months later, in July, 1942, the zamindars inducted the Appellants, Soran Singh and others, as hereditary tenants over the holding in dispute. Some disputes having arisen between Bhagmal and the Appellants, the Appellants in 1946 filed a suit Under Sec. 59, U.P. Tenancy Act, for a declaration that they were the hereditary tenants of the holding. The trial Court dismissed the suit but on appeal it was decreed and it was declared that the Appellants were the hereditary tenants. The Board of Revenue upheld the appellate decree on 24th December, 1951.

(3.) During the pendency of the appeal, U.P. Tenancy (Amendment) Act 10 of 1547 came into force. On 13th August, 1947, Bhagmal applied for reinstatement to the holding Under Sec. 27 of the Amending Act of 1947. The hearing of this application appears to have been stayed because of the pendency of the declaratory suit. The application was ultimately allowed by the trial Court on 13th July, 1953. Bhagmal was reinstated to the holding; the Appellants were declared its sub -tenants entitled to remain in possession for three years, under the proviso to Sec. 27(3) of the Amending Act. The Appellants went up in appeal but failed. They filed a second appeal which was also dismissed by the Board of Revenue. The Appellants then carried the dispute to this Court under writ petition No. 1471 of 1961. The writ petition was, however, dismissed on 29th July, 1965 leading to Sp. A. No. 373 of 1965.