JUDGMENT

JASWANT SINGH, J. :— The litigation culminating in this appeal by special leave has a long and chequered history which may be summarised thus :

2. By deed dated July 20, 1945, registered on July 30, 1945, Chaudhary Vijay Kunwar Singh and Virendra Kunwar Singh, Zamindars of Mithanpur (U.P.) leased out ten plots of land admeasuring 6.63 acres situate in Mahal Safed, Mouza Mahendri, Sikandarpur, Pargana Amroha, District Moradabad, which were in their possession as "khud-khast" (self- cultivating possession) to Sher Singh the original appellant, for a period of ten years beginning from the year 1353 Fasli to the end of the year 1362 Fasli Nearly a month and a half later i.e. on September 6, 1945, the said Chaudhary Vijay Kunwar Singh and Virendra Kunwar Singh along with their mother, Smt. Savitri Kunwar Singh, executed a sale deed in respect of their proprietary right and interest in the aforesaid plots of land in favour of Kaley Singh, Harbans Singh and Nihal Singh, brothers of Sher Singh, and one Chajju Singh. On the basis of this lease deed, Sher Singh claimed to have obtained possession of the aforesaid plots of land and was recorded as a hereditary tenant in respect thereo