(1.) Heard Sri K.M. Garg, learned counsel for petitioners and Sri Syed Ashraf Ali, learned counsel for respondent no.1.
(2.) In the present case, contesting original respondent has filed a Suit under Sec. 229-B of U.P.Z.A. and L.R. Act, 1950 (for short "Act of 1950") against original Petitioners-1 and 2 for declaration that he was a co-tenure holder in suit property with defendants. The Suit was dismissed vide order dtd. 23/6/1970. In said Suit, following 5 issues were framed :-
(3.) Issues No. 3, 4 and 5 were not pressed and only issues no. 1 and 2 were decided. For reference, relevant part thereof is quoted below :-