- (1.) Special leave granted.
(2.) In Civil No. 878 of 1974 disposed of on 29/11/1984, this court remitted Second Appeal No. 1563 of 1969 to the Allahabad High court for a fresh disposal. The High court examined the question whether the respondents claim of bhumidari right or the appellants claim of thikadari right in the land was sustainable in law. It came to the conclusion that the lease was agricultural and on that basis the respondent-company had become adhivasi in respect of 158 bighas of land. It is further found that the claim with regard to 158 bighas and odd of land had already been negatived by this court and no dispute with reference to the same survived. The operative portion of the High courts judgment ran thus: "From what we have said above, the appeal succeeds partly and the judgment of the learned Single Judge holding Delhi Cloth and General Mills as adhivasi of the entire area of land i. e. 376 bighas 16 biswas and 13 biswansis is set aside. On our Finding Delhi Cloth and General Mills is adhivasi and sirdar of the land as described below: (I) 75 bighas 8 biswas 8 biswansis, and (Ii) 156 bighas 11 biswas and 5 1/2 biswansis. In the light of observations made above the prescribed authority will redetermine the surplus area with Delhi Cloth and General Mills and the land-holder. "
(3.) This matter was taken up for hearing on several dates before us and ultimately counsel appearing for both sides have accepted the position that the claim of the appellants was confined to 72 bighas, 15 biswasand 10 1/2 biswansis only. It has been conceded in an affidavit filed by Jasbir Singh in this court that 8 bighas and 7 biswas of land have been allotted to allottees who are in possession on the basis that the said land was surplus in the hands of the parties. These lands have, therefore, to be excluded from the 72 bighas, 15 biswas and 10 1/2 biswansis of land in which the appellants claim interest.;