Ramaswami, J. - (1.) The question of law involved in these appeals is whether the disputed brick kiln on plots Nos. 596 and 597 in Mauza Sarwat, Pargana and District Muzaffarnagar and leased out to the appellant is a "building" within the meaning of S. 9 of the U. P. Zamindari Abolition and Land Reforms Act (U. P. Act 1 of 1951).
(2.) The respondents are the owners of a brick kiln located on the two plots Nos. 596 and 597 in Mauza Sarwat, Pargana and District Muzaffarnagar. They leased out the brick kiln to the appellant under a registered lease deed, dated December 29, 1950. The lease was to take effect from January 1, 1951 and terminate on September 30, 1953. The rent was fixed at Rs. 41 per mensem payable annually in the month of October. The rent for the period October 1, 1952 to September 30, 1953 remained due against the appellant. The respondents filed a suit (No. 1125 of 1953) in the Court of Munsif Muzaffarnagar for the recovery of Rs. 492 being arrears of rent from October 1, 1952 to September 30, 1953. The suit was contested by the appellant who pleaded that after the passing of the U. P. Zamindari Abolition and Land Reforms Act (U. P. Act 1 of 1951)-hereinafter called the 'Act'-the plots of land had vested in the State of U. P. under S. 6 of the Act with effect from July 1, 1952 and the respondents were, therefore, not entitled to claim any rent from the appellant. By his judgment, dated February 12, 1955 the Additional Munsif, Muzaffarnagar, held that the brick kiln did not vest in the State and as it occupied only 1/3rd of the total area of the land, the respondents were entitled to a decree for 1/3rd of the rent claimed. The Munsif accordingly granted a decree for a sum of Rs. 164 and dismissed the balance of the claim of the respondents. Against the judgment of the Additional Munsif both the parities filed appeals before the District Judge. Both the appeals were disposed of by the Civil Judge of Muzaffarnagar by a common judgment, dated August 19, 1957. It was held by the Additional Civil Judge that the brick kiln could not be regarded as a "building" within the meaning of S. 9 of the Act and the entire area of the two plots Nos. 596 and 597 had vested in the State. The Additional Civil Judge accordingly allowed the appellant's appeal and dismissed the appeal of the respondents. The net result was that the suit of the respondents for arrears of rent was dismissed as a whole. Against the judgment of the Additional Civil Judge the respondents filed two Second Appeals Nos. 2510 and 2511 of 1957 to the High Court. The High Court held that the brick kiln was a "building" within the meaning of S. 9 of the Act and the title to the two plots of land did not vest in the State and the respondents acquired the rights of statutory tenants under S. 9 of the Act and they had a right to demand rent from the appellant under the terms of the lease. The High Court accordingly allowed both the Second Appeals and granted a decree to the respondents for the entire amount of rent claimed.
(3.) Section 4 of the Act deals with the acquisition of the interests of intermediaries. The section provides as follows: "4. (1) As soon as may be after the commencement of this Act the State Government may, by notification, declare that as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and, as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the State free from all encumbrances. (2) It shall be lawful for the State Government, if it so considers necessary, to issue, from time to time, the notification referred to in sub-s. (1) in respect only of such area or areas as may be specified and all the provisions of sub-s. (1) shall be applicable to and in the case of every such notification." Section 6 (a) sets out the consequences of the vesting of an estate in the State. Section 6 (a) reads as follows: "6. When the notification under S. 4 has been published in the Gazettee then notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, from the beginning of the date of vesting, ensue in the area to which the notification relates, namely- (a) all rights, title and interest of all the intermediaries- (i) in every estate in such area including land (cultivable or barren), grove-land, forests whether within or outside village boundaries, trees (other than trees in village abadi, holding or grove), fisheries, tanks, ponds, water-channels, ferries, pathways, abadi sites, hats, bazars, and melas held upon land to which Cls. (a) to (c) of sub-s. (1) of S. 18 apply and, (ii) in all sub-soil in such estate including rights, if any, in mines and minerals, whether being worked or not; shall cease and be vested in the State of Uttar Pradesh free from all encumbrances;" Section 9 of the Act states: "9. All wells, trees in abadi, and all buildings situate within the limits of an estate, belonging to or held by an intermediary or tenant or other person, whether residing in the village or not, shall continue to belong to or be held by such intermediary, tenant or person, as the case may be, and the site of the wells or the buildings with the area appurtenant thereto shall be deemed to be settled with him by the State Government on such terms and conditions as may be prescribed." ;