- (1.) These appeals, by special leave, against the orders of the Board of Revenue, Uttar Pradesh, arise in the following circumstance: The appellants presented applications against each set of the respondents in these six appeals under. S. 175, U. P. Tenancy Act. 1939 (Act XVII of 1939), hereinafter called the Act, for ejectment, stating that they were the sir-holders of the land occupied by the respondents as non-occupancy tenants and that the period of five years during which the respondents were entitled to retain possession under S. 20 of the Act had expired. The respondents contested the notice of ejectment alleging that the land in suit was not sir, that the appellants were not sir-holders, that the appellants paid local rate exceeding Rs. 25 in the United Provinces, Agra and Oudh, and held more than 50 acres of sir land. They claimed to be hereditary tenants of the land in dispute, in accordance with Ss. 14, 15 and 16 of the Act. The papers were thereafter forwarded by the Tehsildar to the Assistant Collector in charge of the sub-division, in accordance with the provisions of S. 179 of the Act.
(2.) The applications which were presented for the ejectment of the respondents were deemed to be plaints and the proceedings continued as suits, in view of sub-s. (2) of S. 179 of the Act.
(3.) The Court called upon the appellants to file necessary extracts of papers and to join all tenants of sir as parties. The Sub-Divisional Officer did not accept the contentions of the respondents and decreed the suits on February 28, 1946, holding that the land in suit was sir, that the appellants were sir-holders, that each of them did not pay a local rate exceeding Rs. 25 either in 1938 or in l940, that he did not hold more than fifty acres of sir land or more than fifty acres of sir and khudkasht land which had not been sublet in 1347 F., corresponding to the period from July 1, 1939 to June 30, 1940.;