( 1 ) THIS is an appeal by a plaintiff whose suit under Section 209 of the Zamindari Abolition and land. Reforms Act for possession over a plot of agricultural land has been dismissed by the courts below. The facts, as found by them, are that the land id dispute was Sir of the appellant on 30-6-1962 the day preceding the date of vesting mentioned in Section 4 of the Act. In 1358 fasli corresponding to 1950-51 the respondent took unlawful possession of the land. After the act came into force on 1-7-1952, the appellant sued the respondent claiming that he acquired bhumidari rights over it by virtue of Section 18 and alleging that the respondent acquired no right whatsoever under the Act and was liable to be ejected under Section 209 as a trespasser. He also claimed damages. The suit was contested by the respondent, who claimed to have been in possession for more than 12 years as a hereditary tenant and to have acquired adhiyasi right under Section 3 of the Zamindari Abolition and Land Reforms (Supplementary) Act 31 of 1952 which matured into sirdari rights under Section 240-B of the Act. The suit was dismissed by the trial Court on 14-10-1953 and by the lower appellate Court on 20-7-1954. Both held that the respondent became an adhivasi and could not be ejected as a trespasser under Section 209. The appellant filed this second appeal on 12-10-1954 which came up for hearing before our brother mithan Lal, who thought that it raised several important questions of frequent occurrence and referred it to a larger Bench.

( 2 ) THE law in respect of trespasser under the U. P. Tenancy Act, which was in force upto 30-6-1952, was that a trespasser could be ejected under Section 180 of the U. P. Tenancy Act at the instance of the person entitled to admit him to tenancy within a period of two years commencing on the Ist July following the date of unauthorised occupation. Consequently, the respondent was liable to be ejected by the appellant through a suit to be brought under Section 180 on or befoe 30-6-1953. It was provided in Section 180 that if a suit under Section 180 became barred by time the trespasser would be a hereditary tenant. No suit was brought under section 180, but, before the period of limitation expired, the U. P. Tenancy Act itself was repealed by the Zamindari Abolition and Land Reforms Act which contained Section 209 providing for suits against trespassers by bhumidars, sirdars, asamis and Gaon Sabhas, and section 342 empowering the State Government to make orders for removal of difficulties arising out of the transition from the provisions of the Tenancy Act to those of the Zamindari Abolition and Land Reforms Act. In exercise of the powers conferred by Section 342 the State Government issued a number of removal of difficulties orders. The first was issued in 1952 and Clause (2) of it laid down that except as expressly provided in the Act (the reference henceforth will be to the Zamindari abolition and Land Reforms Act except where a contrary indication is given) a suit in respect of any right acquired on liability incurred under the Tenancy Act could be instituted in the Court in which it would have been instituted under that Act and was to be heard, enquired into and decided under, and in accordance with its provisions. Though the Act contains Section 209 providing for the relief which could have been obtained under Section 180 of the U. P. Tenancy act, it does not contain any express provision forbidding the institution of such a suit after 30-6-1952. Consequently, a suit under Section 180 could have been filed at any time upto 30-6-1953 and could be decided in accordance with the provisions of the U. P. Tenancy Act, but of course the Zamindari Abolition and Land Reforms Act, which came into force on 1-7-1952, remained operative and, whatever rights were acquired under its provisions also remained in force. The socalled Removal of Difficulties Order did not suspend the operation of the Zamindari abolitio