JUDGMENT

S.N. Dwivedi, J. - A Division Bench has referred for opinion this question:

Does a person, who has become an asami Under Clause (b) of Section 21(1) of the UP ZA and LR Act, become a sirdar u/s 204 of that Act, of no suit for his ejectment u/s 202 is instituted within one year from the date of vesting?

The reference has been made on account of a supposed conflict between two Division Bench decisions-Unchan Singh v. Board of Revenue 1962 AWR 29 and Ghasi v. Waqf Alalaulad 1969 AWR 602. 2.

Before dealing with these two cases, it is necessary to examine the matter in the light of certain provisions of the U.P. Tenancy Act and the UP ZA and LR Act (hereinafter called the Act). The question is confined to a tenure-holder enumerated in Clause (b) of Section 21(1) of the Act. He is a sub-tenant of grove land. Accordingly we shall answer the question referred to us only in relation to a sub-tenant of grove land. Section 3(22) of the Tenancy Act defines a sub-tenant. The expression "Sub-tenant" means, inter alia, a person who holds land from a grove holder. A sub-tenant of a grove land will be a non-occupancy tenant u/s 31 of the Tenancy Act. Section 175 of the Tenancy Act provides for