Appeal by special leave from the judgment and order dated April 20, 1965 of the Allahabad High Court in Second Appeal No.
691 of 1966 has abated, in view of the amended s. 5, of the Uttar Pradesh Consolidation of Holdings Act, 1953 ,U.P. Act 5 of 1954 hereinafter referred to as the Act .
The plaintiff, claiming to be a bhumindar of the land, in question, instituted the suit, out of Which the second appeal arose, against the appellant, for recovery of possession of the property, on the ground that the appellant was a trespasser and that he was number entitled to remain, in possession of the property.
The appellant, thereupon, challenged the decision of the two subordinate companyrts In second appeal, before the High Court of Allahabad.
The High Court has agreed with the companyclusions, arrived at by the Subordinate companyrts, and dismissed the second appeal.
On these findings, the plaintiffs suit was decreed.
CIVIL APPELLATE JURISDICTION Civil Miscellaneous Petition,No.
On the other hand, the findings are that the appellant is only a trespasser.
This Court, on June 15, 1965, granted special leave to the appellant, to appeal against the judgment of the High Court.
Civil Appeal No.
2631 of J967 Application for abatement of Appeal .
C. Agrawala and P. C. Agrawala, for the petitioners appellant.
V. Gupte and B. Datta, for respondent No.
The appellant was the defendant, in a suit instituted by the respondents, under s. 209, of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 U.P. Act 1 of 1950 hereinafter referred to as the Abolition Act .
1602 of 1963.
The trial Court, as well as the Appellate Court, have held that the plaintiff was the bhumidar, and the appellant has number established his tenancy right in the property, and, as such, he was neither a sardar number an asami.
In Civil Miscellaneous Petition No.
1602 of 1963.
691 of 1966.
691 of 1966, the ap pellant, by special leave, granted by this Court, challenges the judgment and decree,, of the Allahabad High Court, dated April 20, 1965, in Second Appeal No.
2631 of 1967, the appellant has prayed this Court, to pass an order that Civil Appeal No.
The Judgment of the Court was delivered by Vaidialingam, J. In Civil Appeal No.
