Judgment

B. K. Mukherjea J.- This appeal is directed against an appellate judgment of a D. B. of the Allahabad H. C. dated 8-9-1942 by which the learned Judges reversed a decree made in favour of the pltfs, by the Civil Judge of Bareilly in Original Suit No. 18 of 1934 & dismissed the suit as against defts, 1 to 4.

2. The suit, out of which the appeal arises, was commenced by one Babu Ram as pltf. & it was for a declaration that the lands in suit appertained to a village named Sikha situated in Tehsil Aonla within the Dist. of Bareilly, of which the pltf. was the Zemindar & Lambardar, & that the defts. had no right or title to the same. There was a claim for recovery of possession in case the plts. was found to have been dispossessed from the whole or a portion of the disputed lands with an ancillary prayer for mesne profits. The original pltf. died sometime after the plaint was filed & the suit was continued by his two sons, who were brought on record as his heirs & successors. There were as many as 41 persons impleaded as parties defts. to the suit & they were alleged to have proprietary interest in two contiguous villages named Jhawa Nagla & Gurganwan which lie to the south & ea