Kanhaiya Singh, J.

1. This appeal by the defendants arises out of a suit in ejectment. This action was brought by the plaintifts-respondents for confirmation of their possession of a tank called Dighi Goria bearing survey plot No. 5S in village Kanduthya after establishment of their title thereto and for recovery of Rs. 180 on account of the price of 3 maunds of fish alleged to have been illegally caught and appropriated by the defendants appellants. Raja Shyam Sundar Singh, Zaminclar or Pandra, was the proprietor and in khas possession of this tank. The plaintiffs case was that in the year 1338 B.S. (corresponding to 1931) the said Raja made a permanent settlement of the tank with them and pro forma defendants (respondents) at ah annual rental of Rs. 4/2/- after accepting Rs. 175/-as nazrana and put them in possession of the same.

The Raja granted to them a sada hukumnama in proof of the settlement. The plaintiffs asserted that they and the pro forma defendants were in continuous possession of the tank since after the settlement by catching and rearing fish and is various other ways.On 28-3-1947, the appellants forcibly caught fish 111 the said tank occasioning thereby a l