Kanhaiya Singh, J.

1. This Second Appeal by defendant 1 is from the concurrent decisions of the Courts below given in a suit instituted by the plaintiffs respondents for a declaration of title to and recovery of possession of 4 bighas 12 kathas and odd lands comprised in Schedules 1, 2 and 3 of the plaint. The plaintiffs case was that plaintiffs 1 to 3 were the proprietors of the disputed lands, the lands mentioned in Schedule 1 constituting their zirat lands, those in Schedule 2 their bakasht lands and those in Schedule 3 their raiyati lands and that plaintiffs 4 and 5 were their tenants and were in possession of Schedule 3 lands as jagirdar and bataidar, respectively.

The plaintiffs asserted their title and continuous possession over the disputed lands. In 1946, there was in that part a great social upheaval due to the activities of the socialist movement. Mahabir Pandey (defendant 1), the appellant, started creating troubles so much so that be aided by his followers forcibly cut and removed the crop grown by the plaintiffs. This led to a serious apprehension of the breach of the peace, and Mr. T.D. Mehta, Deputy Magistrate, was deputed to restore law and order and mainta