K.B. Asthana, J. (for self and for Yashoda Nandan, J.) - (1.) OUR brother N.D. Ojha finding some difficulty in resolving disputed questions of law arising in the writ petition under Article 226 of the Constitution, by which petition the Petitioner Shiv Shanker Singh had challenged the correctness of the decision of the Board of Revenue in a Second Appeal, referred the following questions to a Full Bench: 1. Can a licence, coming into being on account of mortgage of occupancy holding, be revoked without first paying the mortgage consideration?
(2.) WILL such a licence stand revoked merely by filing a suit for possession? Is it necessary to give the date on which the licence was revoked and the manner in which it was revoked in the plaint of the suit filed for possession of an occupancy holding by the mortgagor against the mortgagee?
(3.) IF the answer to question No. 1 is in the nagative, could a suit for possession be filed in the Revenue Court under Section 180 of the U.P. Tenancy Act merely by asserting that the mortgage consideration has been satisfied from the usufruct? and.;