Judgment

DESAI, J.:- These two appeals by special leave arise from two suits filed by Barkatullah and Shafiullah for possession of land more particularly set out at the foot of the plaint against the Zamindars and Prem Kumari and Noor Mohammad. Briefly stated the plaintiffs case was that they were Thekedars and the Theka was taken for personally cultivating the land and therefore under Section 12 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (1950 Act for short), they have become hereditary tenants and they were in possession of land on 1st April, 1950. It was alleged that the Zamindars had no right to lease the land after the plaintiffs became hereditary tenants yet Prem Kumari and Noor Mohammad took land on lease from Zamindars and entered possession after 1-4-1950. It was alleged that the lessees from the Zamindar had no right to remain in possession as against hereditary tenants. On this short ground the plaintiffs sought possession of the land.

2. The defendants were the Zamindars and the two lessees who contested the suit. The averments made in para 4 of the plaint were not controverted specifically and it was merely stated that they are subject to additional plea