Judgement

BHARGAVA, J. : The disputed land was the ex-proprietary tenancy of one Parmeshwar Singh who, on the 5th June, 1947, executed a sub-lease in favour of the appellants on an annual rent of Rs. 74. The sub-lease was registered on 22nd June, 1947. It laid down that the tenancy was to commence from the beginning of the year 1355 Fasli, i. e., with effect from 1st July, 1947. In pursuance of this sub-lease, the appellants entered into possession. On 15th January, 1951, Parmeshwar Singh, the ex-proprietary tenant, surrendered his tenancy rights to the landlord and on the same date the landlord executed a lease in respect of this land in favour of the respondents. The appellants, however, continued to remain in possession. Thereafter, on 1st July, 1952, the U. P. Zamindari Abolition and Land Reforms Act, 1950 (No. I of 1951) (hereinafter referred to as "the Act") came into force. Disputes arose between the appellants and the respondents who both claimed to have become Sirdars of this land and consequently, on 1st August, 1952, the appellants instituted a suit for a declaration that they were the Sirdars of the disputed land. They also prayed for an injunction restraining the respo