Judgement

VAIDIALINGAM. J. :- In Civil Appeal No 691 of 1966, the appellant, 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. 1602 of 1963. In Civil Miscellaneous Petition No. 2631 of 1967, the appellant has prayed this Court to pass an order that Civil Appeal No 691 of l966 has abated, in view of the amended Section 5 of the Uttar Pradesh Consolidation of Holdings Act. 1953 (U P Act V of 1954) (hereinafter referred as the Act).

2. The appellant was the defendant, in a suit instituted by the respondents, under Section 209, of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. 1950 (U P Act I of 1950) (hereinafter referred to as the Abolition Act). The plaintiff, claiming to be a bhumidar 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 not entitled to remain in possession of the property. The trial Court, as well as the Appellate Court, have held that the plaintiff was the bhumidar, and the appellant has not estab