against the judgment of the additional civil judge the respondents filed two second appeals number.
both the appeals were disposedof by the civil judge of muzaffarnagar by a companymon judgement dated august 19 1957.
civil judge that the brick kiln companyld number be regarded as a building within the meaning of s. 9 of the act and the entire area of the two plots number.
the munsif accordingly granted a decree for a sum of rs.
the rent was fixed at rs.
492 being arrears of rent from october 1 1952 to september 30 1953.
under s. 6 of the act with effect from july 1 1952 and the respondents were therefore number entitled to claim any rent from the appellant by his judgment dated february 12 1955 the additional munsif muzaffarnagar held that the brick kiln did number vest in the state and as it occupied only 1/3rd of the total area of the land the respondents were entitled to a decree for 1/3rd of the rent claimed.
the suit was contested by the appellant who pleaded that after the passing of the u.p.
596 and 597 had vested in the state.
the respondents are the owners of a brick kiln located on the two plots number.
appeals by special leave from the judgment and decree dated the october 24 1960 of the allahabad high companyrt in second appeals number.
596 and 597 in mauza sarwat pargana and district muzaffarnagar.
they leased out the brick kiln to the 875 appellant under a registered lease deed dated december 29 1950.
against the judgment of the additional munsif both the parties filed appeals before the district judge.
the lease was to take effect from january 1 1951 and terminate on september 30 1953.
80 and 81 of 1964.
2510 and 2511 of 1957 to the high companyrt.
the respondents filed a suit number 1125 of 1953 in the companyrt of munsif muzaffarnagar for the recovery of rs.
the high companyrt held that the brick kiln was a building within the meaning of s. 9 of the act and the title to the two plots of land did number vest in the state and the respondents acquired the right of statutory tenants under a. 9 of the act and they had a right to demand rent from the appellant under the terms of the lease.
zamindari abolition and land reforms act p. act 1 of 1951 hereinafter called the act the plots of land had vested in the state of u.p.
p. sinha and m. i. khowaja for the appellant.
civil appellate jurisdiction civil appeal number.
it was held by the additional.
the rent for the period october 1 1952 to september 30 1953 remained due against the appellant.
act 1 of 1951 .
p. goyal for the respondents the judgment of the companyrt was delivered by ramaswami j. the question of law involved in these appeals is whether the disputed brick kiln on plots number.
2510 and 2511 of 1957.
41 per mensem payable annually in the month of october.
zamindari abolition and land reforms act u.p.
596 and 597 in mauza sarwat pargana and district muzaffarnagar and leased out to the appellant is a building within the meaning of s. 9 of the u.p.
the net result was that the suit of the respondents for arrears of rent was dismissed as a whole.
