V.M. Jain, J.—This Regular Second Appeal has been filed by the legal representatives of Prem Chand plaintiff against the judgments and decrees of the Courts below whereby the suit filed by the plaintiff was dismissed by the trial Court and the appeal filed by the plaintiff was also dismissed by the learned Additional District Judge.

2. The facts, which are relevant for the decision of the present appeal, are that Prem Chand plaintiff had filed a suit for possession and also for damages towards the use and occupation of the suit property by the defendants on the ground that the plaintiff was the owner of the suit property and that the defendants were in unauthorized possession thereof. The suit was contested by defendant No. 1. It was denied that he had trespassed into the suit land of the plaintiff in connivance with defendant No. 2 or otherwise or that he was liable to pay damages towards the use and occupation of the same. After hearing both the sides, the learned trial Court dismissed the suit of the plaintiff. In appeal, the learned District Judge had allowed the plaintiff-appellant to get the suit land demarcated by approaching the concerned revenue officer and as a re