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MALIK, BEG
Ram Sunder Misra – Appellant
Versus
Triloki Nath Pandey – Respondent
MALIK, CJ. :- This is a defendants appeal in a suit for ejectment under S.175, UP. Tenancy Act, The plaintiffs gave a notice of ejectment on 1st July 1944, claiming that the plaintiffs were hereditary tenants of the plots in suit of which the defendant was a subtenant.
2. The defendant filed objections to the ejectment on the ground that he was britdari sankalp holder from Shahi times, his ancestors having purchased this right under a sale deed dated 4th September 1879.
3. The trial Court held that the plaintiffs were hereditary tenants and the defendant was a sub-tenant and decreed the suit on 1st September 1945.
4. The decree was affirmed on 20th March 1948.
5. There was a second appeal filed in this Court in the same year. It came up for hearing before a learned single Judge of this Court on 26th October 1950, who referred it to a bench to decide the effect of certain sections of the U.P. Tenancy Amendment Act (10 of 1947) on this appeal.
6. Section 26 of this Amendment Act provides that a new S.295A shall be added to the original Act. According to this Section 295 A,
"Notwithstanding any contract to the contrary or anything contained in this Act or any other law for the time
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