S.N.Dwivedi, J. - (1.) The dispute relates to an agricultural holding. The petitioners instituted a suit under Section 229-C of the Zamindari Abolition and Land Reforms Act for a declaration that the respondents 4 and 5 were their Asamis. The respondents claimed that they were the Adhivasis of the holding. They also alleged that the petitioners had put them in possession over the holding in lieu of interest on the loan of Rs. 1,101/2/- advanced by the respondents to the petitioners. The trial court held that the respondents were the Adhivasis of the holding. Accordingly the trial court dismissed the suit.
(2.) There was an appeal to the Commissioner. The appeal was heard by the Additional Commissioner. The Additional Commissioner affirmed the decree of the trial court and dismissed the appeal.
(3.) The petitioners then filed a second appeal before the Board of Revenue. The Board of Revenue went into a new question at the stage of the second appeal. That question was whether the petitioners had a subsisting Sirdari interest in the holding. The Board of Revenue held that as they had transferred the holding to the respondents in lieu of interest on the loan advanced by the latter, their Sirdari interest in the holding has been extinguished by virtue of the provisions of Section 190(1)(cc) of the Act. In view of this finding the Board of Revenue held that "the suit was hence not maintainable.";