( 1 ) I respectfully differ from the judgments of ray brothers Mukerji find Dwivedi and consider that the appeal should be allowed and the suit bought against the appellants by the respondents should be dismissed. The findings of fact which cannot be challenged in second appeal are that the respondents were the owners of the constructions made on the land possessed by the appellants as their riyayas, that is as licensees, that they never abandoned the village, their rights as licensees and the constructions but continued to be the owners of the constructions and the licensees of the site and that during their absence the appellants unlawfully took possession of the constructions and their site, demolished, the constructions and included the site in their own cattle-shed or constructed a cattle-shed over it. On these findings the suit of the respondent was decreed by the trial court and they were ordered to be restored to possession over the sits of the constructions. There could have been no question of their being restored to possession over the constructions because they did not exist at all, The decree was passed on 19-1-1952 when the U. P. Tenancy Act, was in force