JUDGMENT

Stuart, J. - This appeal arises out of one of the many cases of small valuation in which zemindars endeavour to exercise pressure upon their tenants by distorting the facts. The facts are these:--In the village of Govindpur in the Moradabad District was grove No. 183 in area either 2 bighas and 19 biswas or 2 bighas and 9 biswas. In one set of proceedings the first area is given and in another set of proceedings the second area is given, but there can be no doubt as to the identity of the grove. It is No. 183. This grove was originally granted to a man called Chhidda. He died some years ago. It was recorded as rent-free muafi. On Chhidda's death Sirajuddin and his other sons who are occupancy tenants in the village succeeded to the grove. They are still in possession. In 1913 Ahmad Husain, the present plaintiff-appellant, instituted proceedings in the Revenue Court against the sons of Chhidda for resumption of this grove which he describes as a rent-free grant. The Assistant Collector, decided, on the 17th February 1914, that the grant was a rent-free grant but that it was not resumable. He noted in his judgment that at that time there were cow-shed and other buildings for