A suit for the ejectment of a person not in possession of any specific area of the land cannot be filed under S. 180 of the U. P. Tenancy Act or S. 209 of the U. P. Z. A. and L. R. Act.

JUDGMENT :- This is a plaintiff's second appeal from the concurrent decisions of the courts below dismissing their suit for partition of certain holdings and for damages against the defendant-respondents for cutting away the crops sown by the plaintiffs. The facts which are common ground or found by the court below are these. The first plaintiff-appellant, Smt. Sukhni is the mother of the second, Smt. Patti They are the widow and daughter of one Sita Ram, and claim the land in dispute as his heirs. It is common ground that Sita Ram was the fixed-rate tenant to the extent of a half-share in the holdings in dispute. He died in or about the year 1945-46, and left, in addition to his widow and daughter, a mother, Smt. Sukhbasi, who is the first defendant in the suit. At the time of his death the daughter Smt. Patti was about 3 years old. Within a year of his death Smt. Sukhni married again. It is not clear what happened to her daughter after her mother had re-married whether she continued to live with her mother or with her grandmother Sukhbasi and the other relations of Sita Ram.

On 23-7-1949 a suit was filed by Smt. Patti under the guardianship of a cousin of her late father alleging that her grand-mother had alienated her father's share in the holding in favour of her (grand-mother's) two nephews, and challenging the legality of this gift. She contended that as her mother had re-married she had forfeited her rights in Sita Ram's holding which devolved on Smt. Patti as his daughter. She asked for a declaration that the sale deed executed by her grand-mother Sukhbasi in favour of her two nephews was illegal, void and of no effect, and that she was the lawful heir of her late father's holding. The defendants in the suit were the grand-mother Sukhbasi, and her two donees. They are all defendants in the present suit. They resisted the earlier suit and denied that Smt. Patti had any right or interest in Sita Ram's holding, and even denied that she was his daughter. They pleaded that the gift deed executed by Sukhbasi the mother of Sita Ram, in favour of her nephews was valid, as Sukhbasi was the legal heir of Sita Ram after his widow bad forfeited her rights on her re-marriage.

During the hearing of that suit, Sita Ram's widow - the mother of Smt. Patti and the first plaintiff in the present suit - was made a defendant on her own application and permitted to file a written statement. She pleaded that she was the rightful heir of Sita Ram and had not forfeited her rights on re-marriage. She relied on the personal law of inheritance governing the succession to Sita Ram's holding. The court held that she was not divested of her rights in the land on account of her re-marriage and continued to be a fixed rate tenant of the holding. On this finding, it further held that the daughter Smt. Patti (plaintiff in that suit) could not claim any rights in the holding during the life time of her mother, and dismissed her suit as incompetent. The other findings of the court in that suit were that the suit was not barred by S. 183 of the U. P. Tenancy Act, nor by S. 42 of the Specific Relief Act; nor was it bad for non-joinder of parties. The court gave no finding on the defendants' plea that Smt. Patti was not the daughter of Sita Ram.

2. The judgment was delivered on 9-12-1953. On 11-3-1955 the present suit was filed by Smt. Sukhni and her daughter Smt. Patti. The defendants in the suit are Smt. Sukhbasi (mother of Sita Ram) and her two donees Smt. Hugraji and Smt. Ramraji. The co-owners of the plaintiffs in the other holdings have also been impleaded as defendants, in view of the prayer for the partition of the holding. The plaintiffs alleged that after the death of Sita Ram, the first plaintiff inherited his half share as his widow and had been in possession as bhumidhar. It was further alleged that her re-marriage had not affected her rights as an heir and she continued to be in possession. It was also contended that the mother of Sita Ra