SATISH CHANDRA, J. :- A Bench has referred these two connected Special Appeals to a Full Bench because it felt that the decision of another Division Bench in Gopal Narain v. Kanchan Lal, (AIR 1971 All 556) required reconsideration.

2. Bhagmal, the respondent, was the original hereditary tenant of the holding in suit. The Zamindars obtained a decree for the ejectment of Bhagmal under Section 171, U. P. Tenancy Act, 1939, on February 7, 1942. In execution possession was delivered to the zamindars on 29th May, 1942. A couple of months later, in July, 1942, the zamindars inducted the appellants, Soran Singh and others as hereditary tenants over the holding in dispute. Some disputes having arisen between Bhagmal and the appellants, the appellants in 1946 filed a suit under Section 59, U. P. Tenancy Act, for a declaration that they were the hereditary tenants of the holding. The trial court dismissed the suit, but on appeal it was decreed, and it was declared that the appellants were the hereditary tenants. The Board of Revenue upheld the appellate decree on 24th December, 1951.

3. During the pendency of the appeal, U. P. Tenancy (Amendment) Act 10 of 1947 came into force. On 13th