BARMAN, J.

( 1 ) THE plaintiffs,--certain town living absentee landlords in respect of their village lands in the country side,--are the appellants in this First Appeal from a decision of the learned Subordinate Judge, Cuttack, whereby he dismissed the plaintiffs' suit for a declaration that the defendants, who claim to be Bhagachasis of the suit lands, have no right, title and interest therein, and that they are mere trespassers, for recovery of possession and mesne profits for the sum of Rs. 2493/-from the defendants, on the allegation that the defendants are trespassers, in the circumstances hereinafter stated.

( 2 ) THE facts--few and simple--are these. The suit lands are 13. 16 acres in area spread over in different villages. The plaintiffs claim the suit lands as owners in possession. It is said that the defendants encroached upon the said lands, taking advantage of the plaintiffs' absence from the village. The plaintiffs are members of a joint Hindu family and are residents of Cuttack Town; they are absentee landlords in respect of the disputed lands. The plaintiffs had kept a servant one Guri Ghadei who is said to have been looking after cultivation of the disputed lands.