JUDGMENT

N.D. Ojha, J. - Hari Shanker, a Respondent in the special appeals as also in the writ petitions, filed a suit u/s 171 of the U.P. Tenancy Act, hereinafter referred to as the Act, on 1-2-1961 against Habib Ahmad and Ida on the allegation that Habib Ahmad, who was his tenant of the land in dispute, had sublet the same to Ida in the year 1351-F (corresponding to 1943 A.D.) and that since the sub-lease was for more than five years, it was illegal being in contravention of Section 40 of the Act. The suit was contested, but was decreed on 18-11-1961. Habib Ahmad was given the option to apply for ejectment of Ida within one month and resume occupation of the land in dispute in terms of the proviso to Section 171 of the Act. On an appeal filed by Ida the aforesaid decree was set aside by the Addl. Commr. on 18-4-1962 and the suit was dismissed. Hari Shanker filed second appeal which was allowed by the Board of Revenue on 13-8-1963/17-4-1964, whereby the decree of the Addl. Commr. was set aside and that of the trial court was restored. Ida challenged the aforesaid order of the Board of Revenue by way of CMW No. 2386/64. That petition was dismissed on 26-3-1970. Special Appeals Nos.