KHAIRUNNISA Vs. GANGA PRASAD

JUDGEMENT

(1.) This is a special appeal against an order of Mr. Justice Chaturvedi dismissing the appellant's petition under Article 226 of the Constitution.

(2.) Mazhar Ali, the appellant, died during the pendency of the appeal and his heirs have been brought on the record.

(3.) Ganga Prasad, respondent No. 1, and the other respondents 2 to 4 were rejected by the zamindar Afzal Husain, respondent No. 5, in execution of a decree under Section 171 of the U. P. Tenancy Act on the 29th April 1942. On the 2nd August 1943 the land was let to Mazhar Ali who filed the writ petition. He built a well and planted a grove on the land in suit. He also put up some other constructions. This was permissible under the lease.