JUDGMENT

Darling, S.M.

1. (August 9, 1937).- The zamindar, Thakur Pulander Singh, sues for ejectment of three brothers Dauli Singh and two other Thakurs, as trespassers u/s 44 of the Tenancy Act, from two plots Nos. 499, area 13 biswas, and 691, area 1 bigha 7 biswas, situated in village Akauli of pargana Kot, in the Budaun district. By an order, dated the 29th May, 1936, the Assistant Collector decreed the suit: in appeal the Collector of Bareilly, sitting with the powers of a Commissioner, by his own order, dated 1st September, 1936, reversed this decision and dismissed the suit. The Plaintiff comes to the Board in second appeal.

2. The Defendants were formally ejected on the 1st September, 1923, namely early in 1331 F.; there is no evidence of any regular re-admission to the tenancy; but the Defendants have managed to hold on to these two plots during the intervening years. The suit was laid on the 24th February, 1936, namely more than twelve years since the 1st September, 1923, when formal possession was given to the Plaintiff zamindar on their ejectment: the lower appellate Court has, therefore, held that the suit is beyond limitation. The names of the Defendants have continued i