JUDGMENT

JASWANT SINGH, J. :— The litigation culminating in this appeal by special leave has a long and chequered history which may be summarised thus :

2. By deed dated July 20, 1945, registered on July 30, 1945, Chaudhary Vijay Kunwar Singh and Virendra Kunwar Singh, Zamindars of Mithanpur (U.P.) leased out ten plots of land admeasuring 6.63 acres situate in Mahal Safed, Mouza Mahendri, Sikandarpur, Pargana Amroha, District Moradabad, which were in their possession as "khud-khast" (self- cultivating possession) to Sher Singh the original appellant, for a period of ten years beginning from the year 1353 Fasli to the end of the year 1362 Fasli Nearly a month and a half later i.e. on September 6, 1945, the said Chaudhary Vijay Kunwar Singh and Virendra Kunwar Singh along with their mother, Smt. Savitri Kunwar Singh, executed a sale deed in respect of their proprietary right and interest in the aforesaid plots of land in favour of Kaley Singh, Harbans Singh and Nihal Singh, brothers of Sher Singh, and one Chajju Singh. On the basis of this lease deed, Sher Singh claimed to have obtained possession of the aforesaid plots of land and was recorded as a hereditary tenant in respect thereof in the revenue record. Asserting their right of pre-emption in respect of the aforesaid transaction of sale on the ground of their being co-sharers in the Mahal in which the said plots of land are situate, Jai Kumar Singh and Roop Kumar Singh, respondents 2 and 3 herein, brought four suits in the Court of the Munsif, Moradabad against the aforesaid vendors and vendees and Sher Singh for possession of the land as also for cancellation of the aforesaid lease deed in favour of Sher Singh on the ground that it was fictitious and fraudulent and was executed with a view to defeat their right of pre-emption. These suits were decreed by the Munsif in favour of respondents 2 and 3 on April 26, 1947. On appeal, the Civil Judge, Muradabad, by his judgment dated November 9, 1948 affirmed the judgment and decree passed by the trial court. Although the vendees. Kaley Singh and others did not prefer an appeal from the pre-emption decree passed against them, Sher Singh did not rest content and took the matter in further appeal to the High Court of judicature at Allahabad in so far as his rights to ejectment from the plots of land in question and cancellation of the aforesaid lease deed in his favour were concerned. By its judgment and decree dated April 13, 1953, the High Court allowed the appeal of Sher Singh holding that the revenue courts alone had jurisdiction to entertain the suit seeking relief of ejectment of the lessee (Sher Singh) and the Civil Courts had no such jurisdiction. The High Court accordingly set aside the decree passed against Sher Singh. Meanwhile the Uttar Pradesh Legislature passed the U. P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) (hereinafter referred to as the Act). Though the Act came into force in the State on January 26, 1951, the issue of notification under S. 4 thereof was made to coincide with the commencement of 1360 Fasli i.e. July 1, 1952. Pursuant to the observation made by the High Court in its aforesaid judgment dated April 13, 1953, disposing of the appeal of Sher Sigh, respondents 2 and 3 filed ejectment suits against Sher Singh under S. 209 of the Act which were dismissed on November 20, 1953. The first appeals preferred against the dismissal of these suits also proved abortive as they were dismissed on September 1, 1959. Respondents 2 and 3 filed ejectment suits against Sher Singh under S. 209 of the Act which were dismissed on November 20, 1953. The first appeals preferred against the dismissal of these suits also proved abortive as they were dismissed on September 1, 1959. Respondents 2 and 3 thereupon took the matter in second appeal to the High Court which was stayed on account of the commencement of the consolidation operation in the village in which the plots of land in question are si