( 1 ) THIS appeal has been placed before us pursuant to the order made by S. N. Shankar J on lbth October 1967 and we are called upon to answer the following question.-

"whether a Civil suit filed by a tenant dispossessed withoat bis consent from his tenancy or any part thereof is barred having regard to the provisions of Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1959 ? the re ference was necessiatated because of an apparent conflict between a Full Bench decision of the Punjab High Court in Bhag Singh v. Jawhar Singh which had overruled an earlier decision of that Court and a decision of the Judicial Commissioner, Himachal Pradesh, in Musadi v Smt. Ganpatu.

( 2 ) THE facts so far as necessary for understanding the controvensy may now be stated. Bhutu, the husband of Smt. Balesru, was a non-occupancy tenant of the land in question. Defendant No 1shri Chubaru was the owner landlord of the said land. When Bhuta was ejected from his tenancy, he applied to the Assistant Collector First Grade, for the restoration of possession of the tenancy under the Himachal Pradesh Tenants Rights and Restoration) Act which application was allowed on 31st July, 195