JAGDISH SAHAI, J. - (1.) THIS second appeal, which is directed against the decree passed by Sri B. K. Sharma, Addl. Civil Judge, Mirzapur, dated 3-7-1958, has come to us on a reference made to a Full Bench by a Division Bench of this Court.
(2.) SUIT No. 1 of 1954, which has given rise to this second appeal, was filed by the appellant, Harinath, under Section 232 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the U. P. Z. A. and L. R. Act) against the respondents, Ram Pratap Singh and Gauri Shanker, in the Court of the Assistant Collector I Class Mirzapur, for recovery of possession of plots nos. 332/2, 455, 466 and 430 situate in village Chand Lewa Kalwan Tappa, district Mirzapur. Before the suit giving rise to this appeal was filed the defendant, Ram Pratap Singh has filed a suit under Section 180 of the U. P. Tenancy Act against the plaintiff-appellant, Harinath for his ejectment from the aforesaid four plots as also plot no. 453/2 and for some damages. In that suit a compromise was arrived at between the parties on 8-12-1948, to the effect that the suit shall stand dismissed for plot no. 453/2 and Harinath would give up possession of the other four plots. The suit was decreed in terms of the compromise the same day, i e. 8-12-1948 and in execution of the decree Ram Pratap Singh obtained possession of the other four plots on 26-5-1949.
(3.) IN the suit under section 232 of the U. P. Z. A. and L. R. Act, referred to above, Harinath claimed possession, as already stated earlier, on the ground that he had acquired Adhivasi rights and was entitled to reinstatement of possession in view of the provisions of Explanation I of Section 20 of the U. P. Z. A. and L. R. Act. He claimed possession of those plots which he was to give up under the compromise entered into the suit under section 180 of the U. P. Tenancy Act, and of which he was dispossessed on 26-5-1949 in execution of the decree passed in the suit under section 180 of the U. P. Tenancy Act.;