- (1.) In these three appeals the points referred to us is Whether, in view of the provisions of Section 10 of the U.P. Agricultural Tenants (Acquisitions of Privileges) Amendment and Miscellaneous Provisions Act (No. 7 of 1950), these appeals should remain stayed for so long as the said Act remain in force.
(2.) The suits, out of which these appeals have arisen, Were filed under Section 175 of the U. P. Tenancy Act (No 17 of 1939) for ejectment of certain tenants by the same plaintiff. Section 175 of the U. P. Tenancy Act is as follows :- Subject to the provisions of Section 19, a non-occupancy tenant shall also be liable to ejectment on the application of the land-holder on any of the following grounds, namely :- (a) that he is a tenant holding from year to year. (b) that he is a tenant holding under a lease or for a period which has expired or Will expire before the end of the current agricultural year.
(3.) The suits Were decreed by the trial court, but on appeal the lower appellate court allowed the appeals and dismissed the suits. Second Appeals were filed in this Court ha which a learned Single Judge remitted certain issues. Before the lower appellate court an objection was taken that, by reason of the provisions of Section 10 of the U. P. Act No 7 of 1950, the hearing of the appeals should remain stayed. When the matter came up before a learned Single Judge he, as we have already said, referred the point for decision by a Bench.;