JUDGMENT :

R.F. Nariman, J.

The present case reveals a very sorry state of affairs. It appears that the ancestors of the appellant were Zamindars, and the appellants claim that they were in possession of the disputed land, which is roughly 5 acres, since 1930. On 25th July, 1974, proceedings under Section 122-B of the U.P. Zamindari Act were initiated against the appellants on the ground that the said land belonged to the State Government and the Gaon Sabha and that the appellants therefore ought to be evicted. After the appellants filed their reply in the aforesaid proceedings, by order dated 25th July, 1974, the proceedings were dropped and it was stated that proceedings under Section 180 of the U.P. Tenancy Act be initiated.

2. On 30th October, 1974, the State Government on behalf of the Union of India through the Collector Mirzapur filed a suit being Suit No. 1 of 1974-75 under Section 180 of the U.P. Tenancy Act for recovery of possession and damages against the appellants. The appellants filed their written statement and contested the suit. During the pendency of the suit, a show cause notice dated 24th February, 1977, was issued by the Defence Estate Officer under the Public Pr