Judgment

JASWANT SINGH, J. - This appeal by special leave which is directed against the judgment and decree dated February 5, 1968 of the High Court of Judicature at Allahabad affirming the decisions of the District Judge and the Civil Judge, Basti, dated May 20, 1960 and July 27, 1959 respectively decreeing the suit instituted by respondent No. 1 herein under sub-section (7) of Sec. 212A of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. 1 of 1951) (hereinafter referred to as the U. P. Z. A. and L. R. Act), which came into force on January 26, 1951, arises in the following circumstances:-

The land in dispute measuring 142 bighas, 1 biswa and 18 dhurs situate in village Baudhara, Tappa Manhdawal, Pargana Maghar East, Tehsil Khalilabad, District Basti, belonged in 1956 A. D. to Girdhar Das and Purshottam Das, Zamindars of Gorakhpur City, who became intermediaries under the U. P. Z. A. and L. R. Act. Finding that the said land was lying uncultivated, the Collector, Gorakhpur, served the aforesaid Zamindars with a notice under Section 3 of the U. P. Land Utilisation Act calling upon them either to cultivate the land themselves or to let out the same to other pers