JUDGMENT

Satish Chandra, J. - The petitioner filed a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act for a declaration that he was the sirdar of an area 3.29 acres of plot No. 497. He alleged that the entire plot 497 having an area 5.29 acres, was demised to the petitioner on lease by the then zamindar, on 20th July, 1935. The petitioner had been in possession over the entire area of this plot and had been paying rent for it. But in the revenue records his name was entered only over an area of 2 acres. The rest of the area was entered as banjar. The suit was contested by the Gaon Samaj as well as the State Government. The trial court decreed the suit. It found that the petitioner was the tenant of the entire plot and hence its sirdar. The Gaon Samaj went up in appeal and succeeded. The Additional Commissioner, Jhansi Division, held that the whole plot was undoubtedly leased out to the plaintiff, and that he was paying rent for it; but the plaintiff was in cultivatory possession over an area 2 acres only and not over the rest of the area of 3.29 acres. Since he did not actually enter into possession over this area which was lying banjar, it vested it-4 t