1. This appeal has been filed against the judgment and decree of the District Judge, Jullundur, dated July 11, 1961 by which he reversed the judgment and decree of the trial Court dismissing the suit of the plaintiffs.

2. The facts which have led to this litigation are that Mst. Swaran Lata defendant No. 3 was the owner of the property in dispute and the defendants Nos. 1 and 2 were the tenants under her. Defendant No. 3 filed proceedings for recovery of rent and the eviction of the defendants 1 and 2 under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Tenures Act) from the land in dispute and obtained an ex parte order of ejectment against them. They put in an application for setting aside the ex parte order before the Assistant Collector, who passed the order of ejectment, but he rejected the said application. The defendants Nos. 1 and 2 filed an appeal against the said order before the Collector which was accepted by him and he remanded the case for trying the same on merits. Before the hearing of the appeal defendant No. 3 had taken possession of the land in dispute from defendants Nos. 1 and 2 and therefore, it was also