JUDGMENT

1. This is an appeal by the Secretary of State, the defendant in a suit brought by the plaintiffs-respondents in this Court for establishment of their jote right to the lands described in Schedule 1 to the plaint, and for recovery of possession of the lands described in Schedule 2, or in the alternative for recovery of possession of the said lands. The allegation of the plaintiffs on which their claim for relief in suit was based, was that the lands in question appertained to a lease granted to them by the Government on 8th November 1920. It was asserted by the plaintiffs that by subsequent unauthorized action on the part of the Government officers, they were deprived of 2.07 kanis of land out of 10 kanis odd, settled with them. The case of the Secretary of State was that from the settlement granted to the plaintiffs 2.07 kanis of land had to be excluded subsequently in view of a decree passed by the civil Court in Title Suit No. 214 of 1919; the aforesaid quantity of land had to be excluded from the plaintiffs' lease, and corresponding reduction from the rent payable by them was made. The Courts below arrived at the decision that regard being had to the provisions containe