JUDGMENT

S.K. Kaul, J. - The facts constituting this second appeal for the purposes of its decision may be briefly stated thus. The plaintiff-appellants filed a suit for possession in respect of Plot No. 307 situate in village Jagdishpur, Tahsil and District Faizabad. The allegations were that Gajadhar Hajjam was Sirdar of this plot and after his death the plaintiffs became Sirdar of the aforesaid plot by succession. Defendants took forcible possession over this plot in Khasra 1354 Fasli without permission of Gajadhar. Therefore Gajadhar filed a suit for possession under Section 180 of the U.P. Tenancy Act. The suit was decreed on July 2, 1952. In execution proceedings, however, possession was not given in view of the fact that U.P. Zamindari Abolition and Land Reforms Act had come into force. The directions of the executing court were that a fresh suit should be filed. Therefore, a fresh suit was filed and in that case the defendants took up a plea that they had become Adhivasis and as such this suit should abate inasmuch as they could not be ejected. Consequently, on December 28, 1954 the Assistant Collector, Faizabad ordered the suit to abate. Actually, the defendants were trespa