Sadasiva Aiyar, J.

1. The 3rd plaintiff is the appellant, he being the Zemindar of Nuzvid. The defendants in these suits claimed to hold what are called " Banjar " lands as parts of their respective jeroyiti holdings. The plaintiffs case is that these banjar lands are not parts of these defendants jeroyiti holdings but had been in their occupation on temporary grazing leases, and that on the date of the suits the defendants were in possession as mere trespassers. The suits were brought on the strength of Section 103 of the Estates Land Act (Act I of 1908) in the Civil Court.

2. Both the lower Courts found as a matter of fact that these banjar lands were jeroyiti lands, that they were treated by the Zemindar from time immemorial as parts of the respective holdings of the defendants which contained other lands admitted to be jeroyiti and that the defendants were not trespassers. But the plaintiff argued that by reason of the decisions in certain prior suits brought by the plaintiff (or, rather the person who then represented the interests of the plaintiff) for the enforcement of pattas for a former fasli, the question whether the defendants were entitled to hold these particula