JUDGMENT P.C. Saxena, M. - This is a second appeal against the judgment and decree dated August 11, 1971 passed by the Commissioner, Kumaon Division, in a case under Section 59/61 of the U.P. Tenancy Act. 2. Plaintiff had filed the suit under Sections 59/61 of the U.P. Tenancy Act of 1939 for a declaration that he was hereditary tenant of the two plots viz., 13/2 and 31 of the ground of possession for 8 or 9 years. The trial court decreed the suit rejecting the plea of the State of U.P. that the land in suit was.held for a public purpose and no hereditary right in the same could accrue. 3. In appeal, the learned Commissioner, Kumaon Division, has decreed the suit only for plot No. 13/2 and set aside the judgment of the trial court in respect of plot No. 31. 4. The present appeal before the Board concerns plot No. 31 alone. 5. The record of the case shows that the land in suit is held by the State of U.P. which specifically allots the same to individuals for agricultural purposes. Section 30 of the U.P. Tenancy Act specifically excludes all land held for a public purpose from the scope of Section 29 under which hereditary rights can accrue to individuals. 6. All land held by Government must be legally deemed to be held for a public purpose within the meaning of Section 30 of the U.P. Tenancy Act of 1939. This general proposition follows from the very nature and functions of a Government performing its legitimate duties as a Government. 7. Learned counsel for the appellant has argued that since the land in suit was admittedly being leased out to private individuals for agricultural purposes by the Government the above principle cannot be made applicable. This argument cannot be accepted as the use to which the land may be put by the Government whatever be the nature of that use, must ultimately be deemed to be for a public purpose and not in the interest of any private individual who may temporarily or permanently have bee permitted its used by the Government for any activity whatsoever. 8. On this ground alone the appeal stand dismissed.