JUDGMENT :

Before putting the facts of the case as per the framework of law, this Court feels it apt, to deal with the law first. As far as the provisions of U.P.Z.A. & L.R. are concerned, as per the constitutional mandate, as envisaged by Schedule IX, it has been given a special status by including it in Entry 11 of Schedule IX, which has been within the ambit of Article 31B of the Constitution of India. Article 31B of the Constitution of India in itself, prescribes that certain statutes, which are included under Schedule IX, will have a validation of act and the actions taken therein and all other arguments as extended contrary to it, will not invalidate an action or a right flowing from the provisions of a special act, covered by Schedule IX, because it provides that any Act, Regulation or Provision which are inconsistent with or takes away or abridges any of the rights conferred by the provisions of the special statute covered under Schedule IX, that would be notwithstanding to any judgment, decree and order of any Court or such act or regulation.

2. Under the provisions of U.P.Z.A. & L.R. Act, a declaration of a right over a holding in possession of a person normally called as ‘