R. B. MISRA, J. :- The present second appeal is directed against the judgment and decree of the 2nd Additional Civil Judge, Muzaffarnagar, dated 5th Aug., 1965. It came up for hearing before a learned Single Judge, but as a question of law of general importance was involved in this case, the learned Single Judge referred it to a larger Bench. This is how the present appeal has come before us.

2. The material facts to bring out the point involved in the case are as follows:-

The dispute between the parties centres round ten plots, situate in village Yusufpur Mahal Rustam Ali Khan, pargana tahsil and district Muzaffarnagar. Admittedly, Rai Mal and Bhartu were the tenants-in-chief of the said plots, owned by the present appellant. They executed a sub-lease on 10th March. 1950, in favour of Raghuraj Swarup, the respondent, for a period of five years, commencing from 1st January, 1950, to 31st December, 1954. The tenants-in-chief, however, surrendered the disputed land in favour of the appellant on 14th September, 1954. The appellant gave a notice to the respondent on 2nd Nov. 1954, asking him not to cultivate the disputed land after the expiry of the sub-lease in his favour. He,