JUDGMENT :- This appeal arises out of consolidation proceedings. Mustafa Khan the appellant was the occupancy tenant of the plots in dispute. The appellant instituted a suit under Section 180, U. P. Tenancy Act, for ejectment of one Najib Khan on the allegation that Najib Khan was a trespasser. The suit was decreed on October 23, 1944. In execution of the decree, possession was restored to the appellant on August 26, 1945.

2. Soon thereafter, two sons of Najib Khan, namely Mahboob Khan, respondent No. 4 and Vakil Khan, father of respondents Nos. 5 (I) and (II), filed an objection under Order 21, Rule 100, Civil Procedure Code, claiming that they were in possession of the plots in their own rights and they were illegally dispossessed in execution of the decree. They claimed that they were the donees of the mortgagee of the proprietary rights in relation to the plots in dispute and were in possession as such. The objection was allowed by the Execution Court, and in consequence, the two objectors were put in possession on June 19, 1946.

3. Mustafa Khan, the appellant, then filed a suit under Section 183, U. P. Tenancy Act, against, inter alia, the objectors. The suit was decreed on May

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