JUDGMENT

Jagdish Sahai, J. This is a plaintiff's Special Appeal which arises in the following circumstances :

1. The plaintiff-appellant had filed a suit for ejectment under Section 202 of the U.P.Z.A. Act (hereinafter referred to as the Act) against the defendants-respondents on the allegation that the plots in dispute were her sir plots which had been let out to the defendant-respondents by an agreement dated the 14th of Sept. 1947, on rent and that the defendant-respondents, who were non-occupancy tenants from year to year under the U.P. Tenancy Act and assamis under the Act, were tenants liable to be ejected. The suit was contested inter alia, on the ground that Shishpal Singh, the husband of the plaintiff-appellant was not suffering from chronic fistula and was not incapacitated from cultivating the land and further that the rights of the defendant-respondents had matured into sirdari rights in respect of the land in suit. The trial court (the Assistant Collector) dismissed the suit with costs on the finding that the defendants were not asamis of the land in dispute. The first appellate court (the learned Civil Judge, Aligarh) reversed the decree of the trial court and decreed