Judgment

DWIVEDI, J.: - These three cases have a common origin and are accordingly being disposed of by a common judgment.

2. The city of Meerut is a municipality in Uttar Pradesh. Plot No. 4635A (old number 5199) is located therein. It has an area of 1 bigha and 2 biswas. It formed part of the zamindari estate belonging to Lala Nanak Chand Trust. The trust is a charitable trust vested in the Treasurer of Charitable Endowments and is managed by the Collector of Meerut through a committee of trustees. On June 23, 1926, a lease deed was executed on behalf of the trust and in favour of one Bateshwar Dayal. By the deed the aforesaid plot was let to Bateshwar Dayal. The lease was granted "for the purpose of planting a grove, erecting buildings and digging wells etc." The yearly rent was fixed at Rs. 12/8/-. The lease was for a term of 30 years with effect from June 1, 1926. The lessee agreed to surrender the land and all buildings standing thereon to the lessor on the expiry of the period of lease. The buildings would become the property of the lessor. He would have them without paying any compensation to the lessee. The lessor agreed that on the expiration of the period of lease he would at the request of the lessee grant to the lessee a new lease for another term of 30 years.

3. The initial period of 30 years expired on July 1, 1956. Thereupon the trust instituted suit No. 690 of 1956 for recovery of possession over the aforesaid land from Bateshwar Dayal. During pendency of this suit Bateshwar Dayal died on March 6, 1958. The suit was dismissed by the trial court on October 24, 1958. It was, however, decreed by the first appellate court on November 30, 1959. The appellate court granted six months time to the defendants to institute a suit in the appropriate court for specific performance of the agreement to re-let for another term of 30 years.

4. Bhagwat Dayal and others, heirs of Bateshwar Dayal, then instituted suit No. 34 of 1960 in the appropriate Court for specific performance of the agreement to re-let the land for another term of 30 years. The Trust contested this suit inter alia, on the ground that it was barred by limitation. This plea was upheld by the trial court and the suit was dismissed on October 30, 1961, The first appellate court affirmed the decree of the trial court on March 23, 1962.

5. Bhagwat Dayal and others filed a second appeal in the Allahabad High Court against the judgment and decree passed in the suit filed by the Trust on January 5, 1960. They also filed a second appeal against the judgment and decree in their own suit on April 23, 1962.

6. While those appeals were pending the U. P. Urban Area Zamindari Abolition and Land Reforms Act, 1956 (hereinafter called the Act) was enforced in the city of Meerut. The land in dispute was declared "agricultural area, under the said Act. Thereafter a notification was issued on, June 16, 1964 under S. 8 of the Act vesting the land in the State.

7. Bhagwat Dayal then moved an application before the High Court for abating the two appeals as well as the two suits out of which those appeals had arisen in accordance with the provisions of the Act. The High Court passed an order abating troth the suits and appeals. The order was made on July 25, 1968. Against this order the appellants have filed two appeals in this Court by special leave.

8. The appellants say that they have filed the writ petition No. 105 of 1969 by way of abundant caution. The prayer in the petition is that the notification issued under Section 8 of the Act should be quashed. It is alleged in paragraph 4 of the petition that the disputed plot is a part of Kothi Babu Wali. In paragraph 20 of the writ petition it is reiterated that the disputed plot forms part of a residential kothi within the municipality of Meerut and is non-agricultural area. It is alleged that the impugned notification is violative of the provisions of Articles 14, 19 (1) (f) and 31 of the Constitution and is accordingly unconstitutional