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MOOTHAM, SRIVASTAVA
POORAN SINGH – Appellant
Versus
ADDITIONAL COMMISSIONER – Respondent
( 1 ) THIS Special Appeal has been filed against an order of Chaturvedi J. dismissing a writ petition filed by the appellants under Article 226 of the Constitution.
( 2 ) THE facts which had led to the writ petition were that Nitya Nand, the present respondent No. 2, was the tenant of the plots in dispute He had illegally sub-let the plots. The zamindar then filed a suit against him and his sub-tenants under Section 171 of the U. P. Tenancy Act for their ejectment from the plots. That suit was filed in 1942 and was decreed. After the zamindar got possession he let out the plots to Balwant Singh, present respondent No. 3. The appellants say that they are the sons of Balwant Singh and the zamindar let out the plots to them also along with Balwant Singh. The U. P. Tenancy (Amendment) Act (Act X of 1947) was then enacted and Nitya Nand applied under Section 27 of the Act for his reinstatement over the plots. The Sub-Divisional Officer passed an order in his favour and under the provisions of that section declared Balwant Singh respondent No. 3 to be a subtenant entitled to retain possession for three years. On the 16th of September, 1949 Balwant Singh applied to the Sub-
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