From the Judgment and order dated 9 4 1969 of the Allahabad High Court in Civil Misc.
We have heard learned companynsel for the parties at great length.
The facts in dispute and that so far as the appellants are companycerned, they were originally the zamindars of the lands in dispute and they granted Thekas to the respondents first on the 10th of July, 1933 and then on the 24th May, 1943.
1066 A perusal of para 1 of the Theka executed on the 10th of July 1933 in favour of the Thekedars clearly shows that the lease holders were to remain in possession of the entire agricultural land either through themselves or by arranging with temporary tenants and by recovering government revenue.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
P. Singh and R. A. Gupta for the Appellant.
The interpretation of the terms of the Theka would determine the question of the status of the appellants.
Yogeswar Prasad, Mrs. Rani Chhabra, S. K. Bagga and Mrs. S. K. Bagga for Respondent No.
to sublet the land or to appoint temporary tenants and the like.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by certificate is directed against a judgment of the Allahabad High Court, which dismissed the writ petition filed by the appellants in limine.
1005 of 1969.
Writ Petition No.
The other Theka which was executed on 24 5 43 was almost in the same terms and clause 1 provide that the lease holders will remain in possession of the agricultural land as lease holders themselves and may appoint temporary tenants by receiving the government revenue.
1197 of 1970.
Thus, the terms of the Theka, do number spell out the fact that the respondents had taken the lease for the purpose of personal cultivation only because other purposes also are indicated as part of the Theka viz.
N. Singh for Respondents 1 3 and 5.
