C. S. P. Singh. J. - (1.) THIS special appeal, which is directed against the decision of a learned Single Judge, is primarily concerned with the interpreta tion to be put on Section 6 of the U. P. Land Reforms (Supplementary) Act. 1952 (hereinafter called the Supplementary Act).
(2.) THE appellant claimed AdhivasI rights by virtue of an entry in her name as an occupant in the Khasra of 1356 F. The contesting respondents were, however, entered as being in cultivator possession in 1359 F. and this being so the Board of Revenue following a deci sion of this Court held that the appel lant's right as an Adhivasi based on the Khasra of 1356 F. must vied to the rights of the respondents who had be come Adhivasis under the Supplemen tary Act. Before the learned Single Judge it was urged that inasmuch as the respondents had filed a suit under Sec tion 180 of the U. P. Tenancy Act and obtained a decree for dispossession of the appellant, this went to show that rights had accrued to the respondents under the U. P. Zamindari Abolition and Land Reforms Act. and as such they could not get the benefit of the Supple mentary Act. This contention was. how ever, not allowed to be pressed as the learned Single Judge was of the view that such a plea had not been raised in the Courts below and further that it in volved an investigation of facts. The second contention urged before the learned Single Judge, was that the respondents would still not be entitled to the benefit of the Supple mentary Act inasmuch as they had filed a suit under Section 180 of the U. P. Tenancy Act and obtained a decree which had become final before the 1st July 1952. This argument was based on the provisions of Section 6 (a) (ii) of the Supplementary Act. This contention was. however, repelled on the ground that Section 6 (a) (ii) applied to the cases where the decree for possession had been passed against the person who was in cultivator possession in 1359 F. It is the correctness of this view that has been challenged in this appeal.
(3.) SECTION 6 of the Supplementary Act may be extracted: "Nothing in this Act shall apply to any land- (a) in respect of which (i) a suit of the nature provided for in Section 180 or Section 183 of the U. P. Tenancy Act. 1939 or an appeal or other proceedings from a decree pass ed in such suit was pending in any re venue or Civil Court on the 30th day of June. 1952. (ii) a decree for possession had been passed and became final on or before the said date or (iii) an order for restoration of pos session has been passed under Sec. 522, Criminal Procedure Code, before the commencement of this Act. (b) ........................" ;