ORDER

S.N. Singh, J. - The short point for decision in this appeal is as to whether the suit in the instant case was barred by the provisions of Section 49 of the UP Consolidation of Holdings Act or not.

2. Brief facts giving rise to the appeal as disclosed from the record of the case is as follows:

The land in suit comprised 100 links area of plot No. 370 old. The plot was originally recorded as the hereditary tenancy of Timmal and Telhu sons of Siar vide extract Khatauni 1354F. Ext. A-5 on the record. It appears that this plot of land was adjacent to the Abadi. In proceedings u/s 53 of the UP Tenancy Act Raja Ram Misra Defendant No. 1 acquired this area for the purposes of constructing a house over it and thereafter he constructed a house over the same. On 1-2-1955 Raja Misra Defendant No. 1 sold the house along with the land appurtenant to it in favour of the Plaintiffs vide Ext. 5 on the record. The case of the Plaintiffs is that after this purchase they planted certain trees and bamboo clumps and remained in possession thereof. Although the Plaintiffs had their construction and trees on this plot which had acquired the nature of Abadi plot revenue entries showed that this plot wa