Judgment

RAMASWAMI, J. : The question of law involved in these appeals is whether the disputed brick kiln on plots Nos. 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. Zamindari Abolition and Land Reforms Act (U. P. Act 1 of 1951).

2. The respondents are the owners of a brick kiln located on the two plots Nos. 596 and 597 in Mauza Sarwat, Pargana and District Muzaffarnagar. They leased out the brick kiln to the appellant under a registered lease deed, dated December 29, 1950. The lease was to take effect from January 1, 1951 and terminate on September 30, 1953. The rent was fixed at Rs. 41 per mensem payable annually in the month of October. The rent for the period October 1, 1952 to September 30, 1953 remained due against the appellant. The respondents filed a suit (No. 1125 of 1953) in the Court of Munsif Muzaffarnagar for the recovery of Rs. 492 being arrears of rent from October 1, 1952 to September 30, 1953. The suit was contested by the appellant who pleaded that after the passing of the U. P. Zamindari Abolition and Land Reforms Act (U. P. Act 1 of 1951)-hereinafter called t