Surendra Narain Singh, J. - (1.) This petition u/Art. 226 of the Constitution arises out of consolidation proceedings. Angad and others were the proprietors of the plots in dispute along with other plots. They executed a usufructuary mortgage in favour of Kalka Singh and Salik Singh in respect of proprietary right as well as sir plots in the year 1909. In the year 1936 Kalka Singh and Salik Singh executed a sale deed of their mortgagee right in favour of Parshottam and others. It appears that in the year 1943 some of the plots mortgaged were let out to Subedar Singh. The plots which are said to have been let out to Subedar Singh are the plots in dispute in this Court.
(2.) Angad Singh and others mortgagors transferred their mortgagors right in favour of ancestors of Ganga Singh and others. Thus the original mortgagors as well as the original mortgagee transferred their respective rights to their transferees. Ganga Singh and others stepped in the shoes of the mortgagors whereas Parshottam and others entered into the shoes of the mortgagee.
(3.) In the year 1954 Ganga Singh and others instituted a suit for possession against the mortgagees Parshottam Singh and others impleading Subedar Singh and others also in that suit. They claimed possession over the sir plots mortgaged on the allegation that after the passing of the UP ZA and LR Act the mortgagees had no right to remain in possession over those plots and since those plots were in personal cultivation of the mortgagees the plaintiffs became bhumidhars after the passing of the UP ZA and LR Act and were entitled to get possession over the sir plots entered in the mortgage deed. That suit was contested by Subedar Singh and others. The Munsif came to the conclusion that out of the sir plots which were mortgaged the mortgagees Parshottam and others were in cultivatory possession over plots Nos. 822, 857 and 1014. Accordingly he decreed the suit of the plaintiffs in respect of these three plots and dismissed the rest of the claim.;