( 1 ) THIS second appeal has come to us on a reference made by Mr. Justice Manchanda. The second appeal is by the plaintiffs. There were two plaintiffs Sri Reoti Prasad and Sri Nand kishore. The suit was filed against three sets of defendants. The first set consisted of only one person L. Hoti Lal. The second set consisted of four persons Allahdiya, Ibrahim, Niyaz mohammad and Ali Mohammad. The third set consisted of a person named Ganga Sahai. The land in dispute was situated in Mohalla Saral Mehar Singh alias Nai Basti in the town of Khurja and bore municipal No. 49. The plaintiffs alleged that they were the owners of the land and originally Khuda Baksh, the ancestor of that defendants second set, had on certain terms constructed a house on the land. They further alleged that in the year 1916 the father of the plaintiff No. 1 who was the owner of the land at that time filed a suit in the Small Cause Court for recovery of rent from Khuda Baksh and some of the defendants second set. The suit, according to the plaintiffs, was compromised and it was, agreed that the defendants second set would continue in possession as long as they paid annas eight per month as rent. T