( 1 ) THIS is the defendants appeal arising out of a suit for ejectment and damages. The suit was instituted by the plaintiff Raja Ram, predecessor-in-interest of the present respondents 1 to 3, under Section 180, U. P. Tenancy Act.

( 2 ) THE plots in suit, 23 in number were alleged to belong to the plaintiff as an under-proprietor and the defendants were alleged to have taken possession of the same without the plaintiffs consent and without any right. The plaintiff claimed Rs. 200 as damages. Defendant 1 contested the suit upon the ground that he was a tenant of the plots having obtained a lease from the superior proprietor Raj Kurnari Kaniz Baqar and that the plaintiff was not an under-proprietor at all. The issue about the proprietary right raised by the defendant was referred to the Civil Court. The Civil Court decided that the plaintiff was an under-proprietor. On receipt of this finding the trial Court decreed the suit but awarded no damages. The defendants appealed to the lower appellate Court. The appeal was dismissed. In the lower appellate Court, for the first time, the defendants raised a plea of jurisdiction. The Court below rejected that plea. The defendan