JUDGMENT :

Chandra Kumar Rai, J.

1. Heard learned counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, learned counsel for respondent No.4-Gram Panchayat.

2.Brief facts of the case are that a suit under Section 229-B/ 122B (4F) of Uttar Pradesh Zamindari Abolition and Land Revenue Act (herein after referred as to the U.P.Z.A.& L.R.Act) has been filed on behalf of the petitioner impleading State and Gram Sabha as defendant in respect to plot No.643 area 0.253 hectare. Trial Court framed issues in the aforementioned suit. The basis of the claim of the suit is that lease deed alleged to be executed in favour of plaintiff and in the proceeding under Section 198(4) of U.P.Z.A.& L.R. Act the petitioner's lease has been cancelled in arbitrary manner but petitioner remained in possession of the plot No.643. Trial Court considering the evidence adduced by the parties specially the fact that lease alleged to be executed in favour of plaintiff has cancelled in the proceeding under section 198 (4) of U.P.Z.A.&L.R. Act, as such plaintiff is not entitled to be recorded as bhumidhari with transferable rights o