JUDGMENT

Kanhaiya Lal, J. - The dispute in this appeal relates to a mango tree which formed a part o a grove standing in No. 254 Khasra of the village Nagla Lala and had fallen in a storm sometime in July 1921. The plaintiffs are the zemindars of that village. The defendant, Man Singh, is the grove-holder, or the descendant of the person who had originally planted the grove. The land in question was at one time his occupancy holding but the portion which is now covered by the grove was converted into a grove sometime before the old Settlement. The allegation of the plaintiffs was that the defendants had no right to sell the fallen wood and appropriate its price. The Courts below found in their favour and decreed the claim. It is objected on behalf of the plaintiffs that no Second appeal lies, because the suit was of a Small Cause Court nature. The allegation of the plaintiffs, however, amounted to a charge of criminal misappropriation of the wood; and Clause 35 of the Second Schedule of the Provincial Small Cause Courts Act, 1887 excluded it from the jurisdiction of a Small Cause Court. Clause 43 A of the said Schedule would be similarly applicable. Even if these Articles had not be