JUDGMENT

Bajpai, J. - This is an appeal by the plaintiffs who object to the procedure adopted by the trial Court in sending the record to the Revenue Court for a finding u/s 273, Agra Tenancy Act, Local Act 3 of 1926. The facts are that the plaintiffs brought a suit for a declaration that a certain plot was owned by them and that the defendants had no concern with it who who might be ordered to remove certain trees and constructions on the same. The defendants alleged that their house stood on a portion of the land in question for a very long time and in another portion nim, jack-fruit, kela, babul trees, bamboo clumps and rubbish heaps stood and in a portion of the land vegetables, etc., were grown. They stated that the plaintiffs' plea, that on the land in question the house of one Ganesh Ahir stood and the said Ganesh Ahir had planted certain jackfruit trees and bamboo clumps with the permission of the zamindar but the defendants recently without theconsent of the zamindar took possession of the land and made certain, other constructions was incorrect; on the contrary the defendants had been in possession of the said land for a number of years on payment of rent. No plea was take