Lawful holding under deemed settlement rules excludes trespassers from claiming protection based on mere occupation.

Section 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 is construed to mean lawful holding, not mere physical occupation, when read with the vesting scheme under sections 4 and 6 and the words "belonging to" and "held by an intermediary or tenant". The provision protects persons with legal title to buildings and appurtenant sites within a vested estate, and does not extend deemed settlement rights to a trespasser in occupation on the date of vesting. The statutory context and ordinary legal usage of "held" support this narrower meaning, limiting the benefit to lawful holders.

---

---

Issues: Whether the word "held" in section 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 means merely physical possession or lawful possession, and whether a trespasser in occupation on the date of vesting can claim the benefit of deemed settlement.

Analysis: Section 9 operates in the setting of vesting under sections 4 and 6, under which estate interests vest in the State and certain buildings and appurtenant sites are deemed to be settled with persons who belong to or hold them. The expression "held" must be construed in the context of the scheme of the Act, the associated words "belonging to" and "held by an intermediary or tenant", and the legislative purpose of protecting persons with legal title. The provision was not intended to confer rights on a trespasser merely because of physical possession on the date of vesting. The context, the statutory scheme, and the ordinary legal usage of "held" support the meaning "lawfully held" rather than mere possession.

Conclusion: The word "held" in section 9 means lawfully held, and a trespasser cannot obtain the benefit of deemed settlement under that provision.

Final Conclusion: The appeal failed because the respondents, being the lawful holders of the building, were entitled to protection under section 9, while the appellants could not derive any right from their wrongful occupation.

Ratio Decidendi: In a statutory deemed-settlement provision protecting buildings within a vested estate, the term "held" is construed as lawful holding by a person with legal title, not mere physical possession by a trespasser.

---