Judgment

VAIDIALINGAM, J. :- The question that arises for consideration in this appeal, by special leave, relates to the proper interpretation to be placed on S. 18, sub-section (1) cl. (2) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. 1 of 1951) hereinafter referred to as the Abolition Act.

2. In order to appreciate the claim of the plaintiff based upon the provision quoted above, it is necessary to set out the pedigree which is as follows :

It will be noted from the above pedigree that the plaintiff is the son of Mst. Ramrati and the grandson of Ram Adhare. After the death of Ram Adhare, the defendants-respondents got their names recorded over the properties on the allegation that Ram Adhare was a member of a joint family with them. Mst. Ramrati, mother of the appellant, filed suit No. 918 of 1945 in the Court of Civil Judge for a declaration that she was entitled to the property inherited from her father Ram Adhere. Relief for possession of the properties was also claimed. As she died during the pendency of the suit, the appellant before us, Kailash Rai, got himself substituted as heir-son of Ramrati. On May 16, 1947, the Additional Civil Judge decreed