SATISH CHANDRA, J. :- A learned Single Judge has referred the following two questions of law to a larger Bench :

"1. Whether on the facts and in the circumstances of this case the possession of Jagan from the date of the transfer of occupancy tenancy in his favour would be permissible on behalf of the transferor or adverse to his interests?

2. In case the possession of the original transferee was permissive in its nature will the possession of his heirs subsequent to his death continue to be permissive or will it become adverse to the rights of the original transferor?"

2. The writ petition in which the reference has been made arose out of a suit for ejectment and possession under Section 209 of the U. P. Zamindari Abolition and Land Reforms Act filed by the respondents. The plaintiff respondents claimed to be occupancy tenants of the plots in dispute. On 18th Octobar, 1948 they executed a deed of sale of their rights in the plots in dispute in favour of one Jagan, the father of the petitioners. The plaintiff-respondents' case was that the sale of occupancy being prohibited by law the sale was illegal, but nonetheless the possession of the transferees was permissive and as a