JUDGMENT

FAZAL ALI, J.:— This appeal by certificate is directed against a judgment of the Allahabad High Court, which dismissed the writ petition filed by the appellants in limine. We have heard learned counsel for the parties at great length. The only point for determination in the present appeal is whether the case of the parties is governed by Section 12 or Section 13 of the U. P. Zamindari Abolition and Land Reforms Act 1950 (Act 1 of 1950) (hereinafter called the Act). The facts in dispute are that so far as the appellants are concerned, they were originally the zamindars of the lands in dispute and they granted Thekas to the respondents first on the 10th of July, 1933 and then on the 24th May, 1943. The interpretation of the terms of the Theka would determine the question of the status of the appellants.

2. Shri Shiv Pujan Singh, appearing for the appellants, submitted that as the Theka granted by the Zamindars was not made with the lessees only for the purposes of personal cultivation of the lands the respondents would not fall within the ambit of Sec. 12 of the Act. On the other hand it was argued for the respondents that as they were in cultivating possession of the lands