KARAM SINGH Vs. NIHAL KHAN

JUDGEMENT

(1.) This appeal pending in the court of the District Judge Bahraich, has been withdrawn by an order of this Court under Article 228 of the Constitution for determination of the question whether Section 3 of U.P. Act XV of 1952, and Section 3 of U.P. Act XXXI of 1952 are valid.

(2.) It appears that the applicant No. 1 Karam Singh obtained a lease from applicant No. 2 Sardar Karam Singh in respect of some plots of land with an aggregate area of Section 273 acres on 15-4-1952. This land was entered, according to the allegations of the applicants, as Khudkasht of applicant no. 2 in the papers. On 29-7-1952 after the vesting, a suit wag instituted by applicant No. 1 against opposite party No. 1 for the possession of two plots of land Nos. 1112/2 and 1115/1 on the allegations that opposite party No. 1 was in wrongful possession of these plots of land, which had been leased out to the applicant No. 1 by the applicant No. 2, who was before the vesting the landlord of the land in dispute.

(3.) The suit was resisted by opposite party No. 1 on two grounds. Firstly, it was alleged that opposite party No. 1 had been in possession of the land since 1947 and was in-actual possession of it in the year 1359 Fasli. He was, therefore, not liable to ejectment in view of the provisions of U.P. Act XXXI of 1952. It was also contended on behalf of opposite party No. 1 that the lease obtained by Karam Singh, applicant No. 1, was inoperative inasmuch as the registration of the lease was made on 9-6-1952 after the appointed date mentioned in Act XV of 1952, and the applicant did not obtain any rights under the lease relied upon by him.