JUDGMENT

Bajpai, J. - This is a plaintiff's appeal against an order of remand passed by the lower appellate Court. It appears that the plaintiff as the zamindar of Nagla Patram Mahal Netram khewat No. 1 brought a suit for possession of the land mentioned in the plaint alleging that that land had been encroached upon by the defendants, who had dug certain holes for planting trees and had planted certain trees in other places in the said land. The plots in dispute as given in the plaint are numbered as 1308, 1311 and 1323. The defendants are admittedly ex-proprietary tenants in that mahal but their ex-proprietary tenancy is over a plot other than the three plots mentioned above. These three plots lie very near the ex-proprietary tenancy of the defendants. The defendants pleaded that the trees in dispute lie on the ridges of their ex-proprietary holding and they further pleaded that even if the trees and plants did not stand on the ridges of the ex-proprietary holding then they have from of old ancestral rights regarding planting, cutting and selling the trees without the interference of any one. They did not, it may be mentioned, plead that they were the tenants of the plots Nos. 1308