JUDGMENT : The plaintiff respondent claiming to be the Bhumidhar of the property in suit filed the present suit against the defendants under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act and claimed Rs. 300/- as damages. The suit was contested by the defendants that the plaintiff was not the Bhumidhar. She was not entitled to sue. She had not impleaded Sri Vijai Kumar and Sri Virendra Kumar as parties to the case. The suit was further resisted on the ground that the same was barred by limitation and that the defendants were in possession with the consent of the plaintiff.

2. On the above pleas the trial Court framed several issues and remitted an issue about Bhumidhari right to the competent Civil Court. The Civil Court held that the plaintiff was the Bhumidhar of the land in suit and this finding was accepted by the Assistant Collector in this case. Having held that the, plaintiff was the Bhumidhar the trial Court found that the defendants were trespassers and that the trespass started in January 1956, as such he found the suit to be within time and decreed the suit for ejectment and recovery of Rs. 300 as damages.

3. The defendants went up in appeal against this

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