K.C.Agrawal, J. - (1.) This writ petition is directed against a judgment of the District Judge, Nainital, dated 29-5-1974, dismissing an appeal filed by the petitioner under Section 9 of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (U. P .Act No. XXII of 1972), hereinafter referred to as U. P. Act XXII of 1972.
(2.) The dispute in the present case is with regard to plot No. 193/1, situated in village Chutki, Tahsil Kichha, district Nainital. The facts which led to the filing of the present writ petition may briefly be stated as under:-
(3.) On 24-4-1961, a notice under Section 3 of the U. P. Public Land (Eviction and Recovery of Rent and Damages) Act, 1959 (hereinafter called the 1959 Act) was issued to the petitioner for his eviction from the aforesaid plot on the ground that he was in its unauthorised occupation. The petitioner contested the notice on the ground that he was in possession of the land on behalf of one Shib Lal, who was a regular allottee of this land and thus, according to the petitioner, he was only cultivating the land for and on behalf of the real tenant of the land and, as such, no proceedings for eviction could lie against him under the aforesaid Act in respect of this land. In other words, the plea of the petitioner was that the land was not 'public land within the meaning of that expression and, as such no action could be taken against the petitioner.;