G.C. Mathur, J. - (1.) THESE two writ petitions are before us for decision on a reference made by S.N. Singh, J. The question, which has necessitated these reference, is "Whether a tenant of Sir, who is so recorded in the records of 1356 Fasli, is a 'recorded occupant' for purposes of Section 21(1)(h) of the UP ZA and LR Act." Satish Chandra, J. has, in S.A. No. 3950 of 1959 decided on October 29, 1968, taken the view that the tenant of Sir is not a 'recorded occupant' and S.N. Singh, J., in the order of reference, has taken a contrary view.
(2.) IN consolidation proceedings, objections were filed by Raja Ram (Respondent No. 6 in Writ Petition No. 3170 of 1965) and by Bharat Singh (Respondent No. 6 in Writ Petition No. 3171 of 1965), claiming that on the date of vesting they had become adhivasis of the land in dispute and subsequently, sirdars of the land and that the Petitioner, who is the successor -in -interest of the original sirholder, became bhumidhar on the date of vesting but her rights were extinguished u/Ch. IX -A of the Act. The Petitioner contended that they became asamis and not adhivasis. The Consolidation Officer and the Settlement Officer (Consolidation) decided in favour of the Petitioner but the Dy. Director of Consolidation in second appeal and the Joint Director of Consolidation in revision have held in favour of the contesting Respondents. There is no dispute about the facts of these cases. The admitted facts are set out in the order of the Consolidation Officer. They are: 1. That Janki Ballabh was the original zamindar and the sir -holder of the disputed plots. He died in April, 1946 and was succeeded by his widow Srimati Kiran Kunwar and by his pre -deceased son's widow Srimati Prakash Kunwar. Srimati Prakash Kunwar died in 1951 and Srimati Kiran Kunwar died in 1953 and the Petitioner, Kumari Radha Kishori, daughter of Srimati Prakash Kunwar, succeeded them. 2. That Respondents Raja Ram and Bharat Singh were the original tenants of Sir but Janki Ballabh ejected them in June, 1352 Fasli (1945). The land was again let out to these Respondents in 1354 Fasli by Srimati Kiran Kunwar and Srimati Prakash Kunwar. That these two Respondents were tenants of Sir on June 30, 1952.
(3.) THAT Janki Ballabh, the original sir holder and subsequently, his successors paid more than Rs. 800/ - per annum as land revenue.;