Prakash Narain, J.

( 1 ) THIS judgment will dispose of two regular second appeals Nos. 263-D and 264-D of 1964 inasmuch as the question of law involved in both the cases is the same. Originally, both these appeals had come up for hearing before I. D. Dua, J, who by his order dated April 26, 1967 REFERRED TO the matter to a larger Bench in view of the importance of the question involved.

( 2 ) THE facts in both the appeals are similar although the parties and the land in dispute are different. The plaintiffs-respondents were the proprietors of land in Village Hulabi Kalan, Delhi. The defendants-appellants were tenants of some of the plots of land of which the respondents were the owners. The appellants were evicted from the land in their possession sometime after July I, 1950 on ground other than for non-payment of rent. Thereafter there was consolidation of holdings in this village and the respondents were allotted plots of land other than those which were held by them prior to consolidation. The new holdings of the respondents also included plots of land in lieu of plots which were earlier under the tenancy of the appellants. After the enforcement of the Delhi Land Reforms Act, 19

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