R.B.Misra, J. - (1.) THESE two spe cial appeals are directed against a com mon judgment of a learned Single Judge of this Court, dated 23rd May, 1969 dismissing the appellants' writ petition No. 1575 of 1968 and allowing in part his writ petition No. 3602 of 1968.
(2.) THE dispute in the present case relates to certain plots situated within the municipal limits of Roorkee and owned by Ram Ratan Lal (respondent No. 4), Bishan Lal and Jog Prasad were the tenants of these plots in the year 1945. It appears that they, on 28th August, 1945, executed a sub-lease in respect of the plots in question in fav our of Asharfi Lal appellant for a fixed period of five years. Later on they (Bishan Lal and Jog Prasad) the tenants-in-chief surrendered their tenancy rights in favour of respondent No. 4, the land lord, on the 24th of March, 1958. Thereupon, on 28th March, 1958, res pondent No. 4 instituted a suit under Section 180 of the U. P. Tenancy Act against the appellant, treating him to be a trespasser as a result of the sur render made by the tenants-in-chief on 24th March, 1958. The suit was contested by the appellant on grounds, inter alia, that the surrender made by the tenants-in-chief was not a valid one and that, in any case, he continued to be a sub tenant from year to year. He further alleged that he was a tenant from one Teg Singh who, according to him, was the owner of the plots in question.
(3.) IT appears that during the pendency of the suit, the U. P. Urban Area Zamindari Abolition and Land Re forms Act (IX of 1957) (hereinafter referred to as the Act) came into force, . In exercise of the powers conferred under Section 3 of the Act the State Government issued a notification on 8th September, 1958 for the demarcation of the agricultural area with a view to acquisition, under the provisions of the Act, of the rights, title and interests of the intermediaries in urban areas. After the demarcation proceedings a notification under Section 8 of the Act was also published on 19th June, 1961 notifying that with effect from 1st July, 1961 that area demarcated as "agricul tural area" within the municipal limits of Roorkee would stand transferred and vested in the State. It is the com mon case of the parties that the plots in question were not demarcated as "agricultural area"; and it appears that at the appropriate stage no objection was raised against the proposals made by the Demarcation officer and the pro posals made by him became final. Sub sequently, however, the appellant mov ed an application before the Commis sioner under Section 6 of the Act for declaring the plots in question as Agri cultural Area. The application was however, dismissed by the Additional Commissioner on 10th January, 1967, holding that the plots were not 'Agri cultural area" as the appellant was nei ther a sub-tenant nor an occupier with in the meaning of the Act.;