B.L. Yadav

1. Whether petitioner would be entitled to the benefit of sub-section (4) of section 122-B of the UP ZA LR Act 1950 (for short the Act) is the short questions for consideration in this petition.

2. In proceedings under section 122-B of the Act 9 notice 49 Ka (Annexure II to the petition) was served on vishwanath the petitioner for ejectment and damages, as he has occupied the land vested in the Gaon Sabha otherwise than in accordance with the provisions of the Act.

In reply to that notice 49 Ka the petitioner filed objection stating that he being a lessee since 24-10-82 to 25-10-1992 is neither liable for ejectment nor payment of damages. He is a Bhumidhar in view of the provisions of section 122-B (4-F) of the Act being a member of the Scheduled Caste has occupied the Hand from before 1985. The lease pertaining to land in dispute was granted in the name of petitioner for a period of 10 years i.e. with effect from 24-12-82 to 25-10-92 (Annexure I to the petition). That period has not expired.

3. After considering the evidence on record, learned Tehsildar discharged the notice on 28-2-92 against which Gaon Sabha preferred a revision which has been allowed by the i