JUDGMENT

1. This suit relates to certain land in Kamalganj. The plaintiffs are the zemindars of the village. Nanhe and Balli bhatiaras or inn-keepers are residents of the village, who are occupants or owners of certain shops or buildings in the sarai. The dispute does not relate to the shops or buildings but to plots of open land and land covered by a chabutara, which have been recently sold and which the other defendants now intend to build upon. The plaintiffs' case is that they are the zemindars of the village, that as such they are the owners of the land, that the defendants do not own the land in dispute, that they have no right to sell and that the transferees have no right to build upon the land without the plaintiffs' consent. The Court of first instance dismissed the suit. The learned Judge in appeal has decreed it. The question is whether the findings at which that Court has arrived can be disturbed by us.

2. There was previously a suit about lands in this very village which is reported as Incha Ram v. Bande Ali Khan 11 Ind. Cas. 52 : 8 A. L. J. 877 : 33 A. 757. That case did not decide that Kamalganj was an agricultural village. But at one time or other there can be no dou