SATISH CHANDRA, J. :- Hukam Singh, respondent No. 1, was the occupancy tenant of the holding in dispute. On 20th May, 1944, the zamindar obtained a decree for his ejectment under Section 171 of the U.P. Tenancy Act, 1939. The decree was ejectment and possession taken by the zamirdar. Thereafter, he let out the land to toe predecessor of the present appellants. On coming into force of the U.P. Tenancy (Amendment) Act 10 of 1947 Hukam Singh made an application for reinstatement to the holding. This application was allowed on 10th, January, 1949. Under the proviso to Section 27(3) of the Amending Act, the present appellants were declared sub-tenants not liable to ejectment for three years. The three years immunity expired on 10th January, 1952.

2. In 1955 Hukam Singh filed a suit for a declaration under Section 229-C of the U.P. Zamindari Abolition and Land Reforms Act that be was the sirdar in possession of the land in dispute and that the present appellants had no right in it. He also fled a similar declaratory suit in the civil Court. The revenue Court suit was dismissed for non-prosecution. During the pendency of the civil suit Ch. IXA of the Zamindari Abolition Act came i