JUDGMENT

Kendall, J. - This is a second appeal from the judgment of the learned District Judge of Azamgarh, upholding the decision of the first Court by which the plaintiffs-appellants' suit for possession of certain zemindari property in Azamgarh District and of two mango trees in Fyzabad District was dismissed. Some difficulty has arisen in this Court owing to the lower appellate Court having imported into the proceedings certain findings which are not based on the pleadings of either party. The plaintiffs-appellants based their suit on a sale-deed by which Jaikaran Singh, one of the defendants, purported to transfer the property described above to Sarju Tewari, son of Baijnath Tewari. This sale-deed was executed in 1915. In January 1917, the same defendant, Jaikaran Singh, gifted the same property to defendants 2 and 3, and gave them possession. Sarju, the nominal vendee under the sale-deed of 1915, sued the donor and the donee for possession in 1918. The suit, which ultimately went up in appeal to the High Court, was dismissed on the ground that the registration of the sale-deed was invalid. It may be explained here that the registration took place in Fyzabad District, and it wa