Judgment

BACHAWAT, J. : The appellant filed suit Nos. 87 of 1948 and 2/12 of 1948 in the Court of the Assistant Collector, 1st Class Pratapgarh, (a revenue Court), against the respondent and 8 other persons under Sections 60, 61 and 180 of the U.P. Tenancy Act (U.P. Act XVII of 1939) claiming a declaration that the defendants had no right to the suit lands and a decree for possession in case the defendants were found to be in possession thereof. The suits were decreed in 1948. The appellant took symbolical possession of the lands in execution of the decrees. Appeals against the decrees filed by the respondent and other defendants were dismissed by the Additional Commissioner, Faizabad. The defendants filed second appeals against the decrees. During the pendency of the appeals Rr. 4 and 5 of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules 1952 came into force. The Board of Revenue held that in view of Rules 4 and 5 the pending appeals as also the suits had abated.

2. In 1955 the respondents filed applications for restitution of the lands under Section 144 of the Code of Civil Procedure in Court of the Assistant Collector, 1st Class, Pratapgarh. The appellant contested the