Judgment

TULZAPURKAR, J.:- These appeals by certificate granted by the Allahabad High Court raise the following substantial question of law of general importance which needs to be decided by this Court :

"Whether the view taken by the Full Bench in Smt. Maya v. Raja Dulaji (1970 All LJ 476) that the lessor/landlord should not only be disabled person on the relevant dates, but that he should continue to live on the date immediately preceding the date of vesting, within the meaning of Cl. (h) of Section 21 (1) of the U. P. Zamindari Abolition and Land Reforms Act, represents a correct construction of Cl. (h) of S. 21 (1) of the Act?"

2. The facts giving rise to the aforesaid question may be stated. One Smt. Ram Kali, widow of Tikam Singh, was the landholder of the plots (agricultural land) in dispute situated in villages Agaota and Khaiya Khera in District Bulandshahr (U. P.). On June 14, 1945 Smt. Ram Kali who was a sirdar and a disabled person falling within S. 157 (1) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called "the Act") executed a registered deed of lease for a period of 5 years in favour of Uttam Singh and Murli Singh (the predecessor-in-title o