JUDGMENT

Iqbal Ahmad, J. - Much as I regret that the defendant, who has absolutely no title to remain in exclusive possession of the plot in dispute, succeeds in the present litigation. I cannot but affirm the decision of the lower appellate Court in this case.

2. The dispute between the parties centers round a plot of abadi land which was once the site of the house of one Khudi, who was a ryot in the village. On Khudi's death there was a race between the plaintiffs-appellants and the defendant-respondent for possession of that plot of land. The defendant succeeded in securing a license to build a house, on payment of nazrana from one Shujaat Ahmad Khan, who owns a one-anna share in the village, on the 29th August 1921. About three weeks after that date, viz., on the 23rd of September 1921, the plaintiffs-appellants were given a license to build by other cosharers of the village who owned the remaining 15-annas share in the village. After being armed with the license the plaintiffs wanted to build a house over the site in dispute, but they were unable to do so, as the defendant had already secured possession of the land and commenced to build a house. This led to the institution of t