JUDGMENT

Mukerji, J. - This appeal arises cub of a suit for a declaration of title and for damages instituted by the respondents against the Municipal Board of Etawah under the following circumstances. There is a piece of land which has been painted red on the plan prepared in the Court below by the Court amin. The plaintiffs' case was that plaintiff 1 was the owner of the land and she had on that plot four small shops fetching a rent of about Rs. 80 a month. Plaintiff 2 is her lessee. The shops were burnt down in June 1926 and the land was laid vacant. The plaintiffs made an application to the Municipal Board for permission to build again on the land, but this permission was refused on 27th August 1926 on the ground that the Municipal Board was the owner of the land and not the plaintiffs. The plaintiffs accordingly asked for a declaration that they were the owners of the land in suit. They also asked, as already stated, damages on the ground that having been not allowed to rebuild the shops they had been losing Rs. 80 a month as rent. The Municipal Board contested the plaintiffs' right to the land in suit, and they contended that it was a part of land belonging to the Municipal Bo