( 1 ) THE parties to this case are Lal Begis or sweepers, residing in the town of Fatehabad in District agra. The plaintiff-respondent Balwanta brought the suit out of which this second Appeal has arisen for possession over birt rights in certain houses, situated in Mohalla Parihar, Mohalla purani Mandi, Mohalla Ghalla Mandi, Mohalla Rajput and Mohalla Kurhana within the town area of Fatehabad, and for recovery of certain sum as damages together with pendente lite and future damages upto the date of possession at the rate of Re. 1/- a day. The right claimed, as we understand it meant that the plaintiff has the exclusive right to serve for remuneration in the houses specified in the plaint and situated within those mohallas. It is not clear from the plaint as to what origin is assigned to the plaintiffs rights. His case, as stated in the plaint, is that the houses have been the birt property of the plaintiff, and that in the year 1938 that right had been recognised in suit No. 149 of 1935 of the court of the Munsif of Fatehabad at agra, the suit having been filed by the present plaintiff against defendants Nos. 5, 6 and 7 for possession over birt rights. It was contend