- (1.) S. U. Khan, J. These writ petitions arise out of consolidation proceedings and involve question of title. All the three Courts i. e. Consolidation Officer (CO), Settlement Officer Consolidation (SCO) and Deputy Director of Consolidation (DDC) decided the matter against the petitioners.
(2.) ONE Govind Kunwar was tenant of the plots in dispute. She sublet the plots to the petitioners. She died on 7-9-1949 (1957 fasli) without leaving any heirs. By two lease deeds dated 11-9- 1949 and 14-9- 1949, Zamindar let out the plots in dispute to the contesting respondents. On 21-7-1951 the contesting respondents/new lessees filed two suits under Section 180 of U. P. Tenancy Act, 1939 for eviction of the petitioners from the plots in dispute. The suits were dismissed by the trial Court however Additional Commissioner in First Appeal decreed the suits. The said judgment was maintained by the Board of Revenue. Writ petitions filed by the petitioners in this Court were also dismissed by Single Judge. Against the said decisions, petitioners filed two Special Appeals being Special Appeal No. 1099 of 1967 and Special Appeal No. 1100 of 1967. Special Appeals were allowed on 10-5-1973 i. e. after filing of the instant writ petitions, which were filed in January 1973. The Consolidation Courts on the basis of the aforesaid judgment of Additional Commissioner as maintained by Board of Revenue and Single Judge of this Court in writ petition, decided the matter in favour of the contesting respondents. The cases before CO Kishmi, Mainpuri were registered as Case Nos. 1299 and 8 others and were decided on 20-12-1971. 12 Appeals were filed against the said order being appeal No. 479 and others. S. O. C Mainpuri dismissed, nine appeals filed by the petitioners through judgment and order dated 6-4- 1972. Nine revisions being Revision Nos. 2191 and others were filed, which were also dismissed by D. D. C Mainpuri on 30-8-1972, hence these writ petitions.
(3.) AFTER decision of the aforesaid special appeals copies of their judgments were also filed in these writ petitions along with supplementary affidavit. In the judgments of the Special Appeals, two questions were considered namely: (1) That by virtue of the provisions of Section 295-A of the U. P. Tenancy Act the petitioners who were sub-tenants at the time when the U. P. Tenancy (Amendment) Act No. 10 of 1947 was enacted were entitled to retain possession as sub-tenant for the period of five years from the date of enforcement of that Act and were not liable to eviction within this period of five years and (2) That since the petitioners had been inducted as sub-tenants by a tenant who was a disabled person they on the date of vesting became Asami under Section 21 (h) of U. P. Z. A. and L. R. Act (Para 3 ).;