JUDGMENT : This is an appeal by the defendant arising out of a suit for recovery of rent and ejectment.

2. It was alleged by the plaintiff that he was the Bhumidhar of plot No. 211 and that a portion of it was under his cultivation and in the other portion he had certain thatched constructions which had been let out to the defendant on a payment of Rs. 126/- per annum with the further stipulation that in case the defendant committed default in the payment of rent for a period of three years he will be liable to ejectment. The defendant failed to pay the stipulated rent on demand and hence the suit.

3. The defendant asserted that the rent had been paid but that the plaintiff did not issue a receipt for the same. The jurisdiction of the Court was also challenged and it was alleged that the rights of the plaintiff in the suit had been extinguished.

4. One of the issues that arose in the suit was as to whether the land was used for a purpose connected with agriculture, horticulture, animal husbandry, pisciculture and poultry farming. This issue was referred to the Assistant Collector, Incharge of the sub-division, under Section 331-A of the U. P. Z. A. and L. R. Act (hereinafter referred

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