Judgment

BEG, J.:- This is defendants appeal after certification under Article 133 (1) (a) of the Constitution.

2. The plaintiffs-respondents had brought a suit for recovery of possession after declaration of his title to a plot of land, 50 bighas in area, including one bigha area occupied by the defendants-appellants, who claimed sub-tenancy rights and also set up the pleas of waiver and estoppel to prevent their eviction. The trial Court had decreed the suit after repelling the plea of limitation, set up inconsistently with a plea of tenancy right by Bajrang Bali Engineering Company, defendant No. 1, which even alleged to be agents of the plaintiff for letting out lands to others. It also rejected the pleas of waiver and estoppel. It appears that the defendant No. 1, taking advantage of the fact that the plaintiff lived at considerable distance from the land in dispute, had started dumping scrap iron on the land. The plaintiff, immediately after becoming aware of this fact, gave notice in writing to defendant No. 1 on 24-3-50 to remove these materials. On the failure of defendant No. 1 to comply, suits for damages were brought for illegal occupation from 24-3-50 to 21-5-1951 and t