The original plaintiff has preferred the present appeal by special leave and has companytended that the interpretation placed by the trial companyrt was the companyrect interpretation of the relevant provision and that the Lower Appellate Court and the High Court were in error in taking the companytrary view.
From the age of about 12 or 13 years the appellant had started living with deceased Jeet Ram.
The facts in so far as material are number in dispute.
From the Judgment and Order dated 12.4.1973 of the Allahabad High Court in Second Appeal No.
All the Courts have companycurred in the finding that the petitioner was a sapinda of Jeet Ram, the original khaikari sub tenant who died issueless.
He had lived as a member of Jeet Rams family and at the time of the death of Jeet Ram the obsequies were performed by him.
The Lower Appellate Court and the High Court have taken the view that it is number suffi cient for the appellant to have shared the food and shelter and carried on the agricultural operations with the de ceased.
Thereafter he was looking after the widow of Jeet Ram.
The lower appellate companyrt and the High Court took a companytrary view and dismissed the suit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The trial companyrt came to the companyclusion that the peti tioner was entitled to become the kahikari subtenant of the respondents who were maurusidars head tenants of the land in question by virtue by the said provision and decreed the plaintiffs suit.
2866 of 1965.
S .N. Singh and T.N. Singh for the Appellant.
1403 N of 1973.
Rameshwar Nath and Ravinder Nath for the Respondents.
He was sharing food and shelter with Jeet Ram and was engaged in cultivating the land in question along with Jeet Ram during his life time.
The Judgment of the Court was delivered by, THAKKAR, J. The companytroversy in this appeal centers around the interpretation of Section 6 4 of the Tehri Garhwal Buhmi Sambandhi Adhikar Niyam, enacted by the erst while State of Tehri Garhwal which companytinued to remain in force even after its merger in the State of Uttar Pradesh.
