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K. B. ASTHANA, SATISH CHANDRA
Kumar – Appellant
Versus
Deputy Director of Consolidation – Respondent
K.B. Asthana, CJ., Satish Chandra, J.
Finding that he was unable to agree with the decision of a learned single Judge of this Court in Kamta Prasad v. Board of Revenue 1962 AWR 829 another learned single Judge has referred this writ petition to a Division Bench.
2. One Balroop was the sir-holder of the land in dispute. On his death it devolved on his widow, Smt. Anari. On 5th July, 1954, Smt. Anari executed a registered lease in favour of the Petitioner, Kumar, for a fixed term of eleven years. The lessee could not obtain possession because the land had been trespassed upon by some persons. Smt. Anari as well as the Petitioner jointly filed a suit No. 920 of 1954, in the Civil Court for injunction and/or possession against those trespassers. The suit was decreed on 9th August, 1960, and actual possession was taken by the Plaintiffs on 16th December, 1960, and 18th June, 1961. During the pendency of the suit Sm. Anari had died on 19th May, 1956 and her personal heirs, namely, Raj Narain and Sm. Kishore, Respondents 4 and 5, were substituted.
3. On 30th June, 1964, Sm. Kishore filed a suit for declaration and/or possession u/s 229-B/209 of the Zamindari Abolition Act against t
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