The central legal point established is the strict interpretation of U.P.Z.A. & L.R. Act provisions in cases of agricultural land use and the jurisdiction of the Civil Court in non-agricultural land disputes.

Heard Sri S.C. Tiwari, learned counsel for the applicants-tenants and Sri Gautam Baghel, learned counsel, who has appeared through caveat for landlord respondent.

This revision is directed against order dated 12.02.2013 passed by J.S.C.C./A.D.J., Court No.2, Bhadohi Gyanpur in S.C.C. Suit No.1 of 2006 striking off the defence of the tenants applicants under Order XV Rule 5, C.P.C.

The entire argument of learned counsel for the applicants is that the land in dispute is agricultural land and one Sri Gupta was original bhoomidhar, who illegally let out the land to the respondent in contravention of provisions of Section 156 of U.P.Z.A. & L.R. Act and thereupon respondent illegally sublet the same to the applicants hence by virtue of Section 165 of U.P.Z.A. & L.R. Act, applicants have become owners/bhoomidhars. Admittedly constructed portion was let out by the respondent to the applicants.

By virtue of Section 116 of Evidence Act, applicants are estopped from denying the title of the landlord respondent.

In the plaint, it has been mentioned that the premises in question together with the land comprised in Plot No.270/1 situate within the municipal limits of Municipal Board Bhadohi initially belonged to Sri Amarnath Gupta and his brothers and they let out the premises in dispute along with the land for business purposes to the plaintiff, which is a private limited company through a covenant dated 14.05.1981 under which plaintiff was permitted to sub-let also. Thereafter, it is stated that plaintiff raised suitable constructions also over the land, that in 1983 plaintiff had to close its business at Bhadohi, that under permission from the landlord, plaintiffs tenants sublet the premises to the defendants along with the land for doing carpet business for five years on 01.04.1984 on monthly rent of Rs.3500/-. Before filing the suit, notice of termination of tenancy was also given by the plaintiff to the defendants.

In para-40 of the written statement also reference has been made to Sections 156 & 165 of U.P.Z.A. & L.R. Act. However in different paragraphs of the written statement, tenancy between plaintiff and defendants was admitted particularly in para 12 of the written statement where it was categorically admitted that agreed rent was Rs.3500/- per month. In para-16, it is mentioned that on the date of alleged sub-lease, U.P. Act No.13 of 1972 was applicable.

Accordingly, defendants had absolutely no right to deny the title of the landlord and set up a title in themselves. In case U.P. Act No.13 of 1972 had been applicable, tenants would have been liable to eviction on the ground of denial of title of the landlord also. The allegation in the plaint that land in dispute is situate within municipal area has categorically been admitted in para-4 of the written statement. U.P.Z.A. & L.R. Act does not apply to the areas falling within municipal limits. There is no allegation in the written statement that under Sections 3 and 5 of U.P. Urban Area and Zamindari Abolition Act, 1956 any demarcation was made and land in dispute was declared to be agricultural land. In the absence of such declaration, U.P.Z.A. & L.R. Act cannot apply to a land situate within municipal limits. By virtue of Section 64 of U.P. Urban Area Z.A. & L.R. Act 1956 provisions of Chapter-VIII of U.P.Z.A. & L.R. Act apply to agricultural areas acquired under 1956 Act. Under Section 8 of 1956 Act, it is provided as under:

"After the agricultural area has been demarcated under Section 5, the State Government may at any time by notification in the Official Gazette declare that as from a date to be specified of such areas situate in the urban area shall vest in the State and as from the beginning of the date or specified of such agricultural areas shall stand transferred to and vest except as hereinafter provided in the State free from all encumbrances."

Sections 156, 165, 209 of U.P.Z.A. & L.R. Act are included in Chapter-VIII thereof.

Accordingly in the absen