The circumstances that give rise to this appeal may briefly be stated thus:—

A suit was brought by the appellants against the respondents on 19.2.50 in respect of the land in dispute with the allegation that the tenancy rights in the land were acquired by two brothers Sewa and Baga. These two men had a third brother Lala who had separated from Sewa and Baga before these two brothers acquired the tenancy rights in the land. The appellants therefore went on to say that Sewa and Baga were tenants in common of these two khatas which were entered in their name in the Settlement of Smt. 1982 in equal shares. Baga died without any male descendant in Smr.1988. The plaint was silent as to what happened between 1988, i.e. 1931 and 1948 A.D. But it appears from the case put forward by the appellants that after the death of Baga his half share in the two khatas was mutated half and half in the name of Lalas sons Adu and Norang respondents and Sewa. It was further alleged in the plaint that in 1948 Adu and Norang applied for division of the holding. On this Sewas sons who are the appellants before us objected that Adu and Norang had no right in the land. In consequence the Assistant Collector Ra

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