1. Having felt doubtful about the principle of law laid down in Lalit Tewari v. Genda Tewari , 1974 Unreported Rev. Cas. 318, that a sub-tenant of a fixed rate tenant with specific authorisation to plant grove would become Asami u/s.21(1)(b) of UPZA and LR Act of 1951 a provision in pari materia with S. 19(b) of U. P. Urban ZA and LR Act (hereinafter referred to as Act), one of us (Hon'ble K.P. Singh, J), referred this petition directed against order of Board of Revenue and others arising out of proceedings started for eviction u/s 202 of the Act for decision by a larger bench.

2. Prior to narration of facts it may be examined who are those persons who would become Asamis under sub-cl.(b) of S.19 of Act. But before doing so it would be better if import of similar provision in ZA and LR Act (Act 1 of 1951) is understood. It is well known that when Zamindari was abolished the Legislature substituted seven classes of tenants under U. P. Tenancy Act besides Sir and Khudkast holder with three tenure holders known as Bhumidhar, Sirdar and Assami. Bhumidhari rights were conferred on these tenants who under U.P. Tenancy Act could be termed as superior class of tenants. Under this Act also