Judgement

HIDAYATULLAH, C.J.I. : The parties in this appeal are the same as in Civil Appeal No. 286 of 1966 which we declared to have become infructuous because of the operation of Section 5 of the Uttar Pradesh Consolidation Act. The judgment in that appeal was delivered by us on February 7,1969. For the narration of facts in this appeal we have, however, referred to certain orders which were passed by the High Court from the sister appeal. The parties to this appeal as in the other appeal are Sukhram Singh and Laiq Singh of the one part and Smt. Harbheji of the second part. These two parties have been fighting a long drawn litigation over khata No. 271 of village Shahgarh. Two separate proceedings took place before the Revenue Courts and reached this Court by way of special leave, one of which has been disposed of and the other is now before us. The points involved in this appeal are short but in view of the length of litigation a long narration is necessary.

2. On March 10, 1954 Smt. Harbheji as bhumidar filed a suit (No. 38 of 1954) under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act, 1955 against the other party in the Court of the Assistant Collector, Ist Cl