N. D. OJHA, J.:- The dispute giving rise to this special appeal was in respect of three plots being No. 874, 875 and 878 situate in village Bambirpur, Pargana Atrauli, district Aligarh. One Shyam Lal, who was the servant of respondents 7 to 10, made an application under Section 145 of the Code of Criminal Procedure on 26th July, 1950, in respect of the aforesaid plots. The appellants were the opposite parties in those proceedings. The Magistrate concerned on 29th Oct., 1951, passed an order under S. 146 of the Code of Criminal Procedure as it stood at that time directing the properties to remain attached till a competent Court determined the rights of the parties. These plots were to remain in possession of a supurdar appointed by the Magistrate in those proceedings during this period. Subsequently, the appellants filed a suit for declaration that they were sirdars of the plots in dispute. This suit was numbered 377 of 1953 and only respondents 1 to 6 were arrayed as defendants to this suit. On 14th July, 1954, the suit was decreed ex parte and on the basis of the declaration granted by the aforesaid decree in their favour the appellants took possession from the Criminal C