JUDGMENT

Bennet, J. - This is a second appeal by a plaintiff whose suit for a declaration was dismissed by the lower appellate Court. The plaintiff purchased a certain zamindari share of 3 gandas odd which had be longed to the defendants in a certain patti by auction-sale on the 23rd October 1914 and obtained possession of that share. The plaintiff sues for a declaration that along with that share he purchased the grove of the defendant situated in plot No. 817. The sale certificate does not mention any grove but the contention is that because this grove was the zamindari grove of the defendants it would pass to the plaintiff. It was also not shown by the plaintiff that the grove was mortgaged in the mortgage deed on which the decree was obtained by the plaintiff. The defence was that the grove in question was a tenant's grove and had been the grove of the ancestor of the defendants from 1840 and this fact was established to the satisfaction of the lower appellate Court from the khasra of 1840 and other evidence. Some time prior to 1871, the ancestor of defendants 1, 3-5 acquired a share in this patti along with some other persons. The evidence for the defence was that the grove did