JUDGMENT

S.B. Majmudar, J.-This appeal, on grant of special leave, has been referred to a larger Bench by an order dated 27th July, 1999 of a Bench of two learned Judges of this Court and that is how it was placed for disposal before this Bench. A few relevant facts for highlighting the legal question involved in this appeal deserve to be noted at the outset.

Background facts :

2. The appellant before us is the son of one Ram Harakh, who claimed adhivasi rights in two plots of agricultural land being Nos. 210/1 and 549 situated in village Kanak Sarai of Mirzapur district in the State of Uttar Pradesh. This claim was put forward in defence to a suit filed by respondent Nos. 1 and 2 herein under Section 229-B(3) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the U.P. Act ). The aforesaid claim was based on Section 20 of the said Act. In the basic year as provided in the aforesaid U.P. Act, these plots of lands were recorded in the names of Sri Narain, Sheo Narain, Nar Narain, Jagdish Narain, Ghanshyam, Kripa Shanker, Kashi Shanker and Daya Shanker. The respondent Nos. 1 and 2 herein claimed interest in these lands on the ground that Sri