BHAGA Vs. GIRWAR

JUDGEMENT

(1.) This is a second appeal by the plaintiffs against a decree of the learned Second Civil Judge of Meerut who reversed a decree of the learned Additional Munsif of Ghaziabad and dismissed the appellants' claim with costs.

(2.) The appellants lived as ryots in two houses situate in village Ramala, pargana Chaprauli, Tahsil Baghpat in the district of Meerut. They were labourers. They brought the suit which has given rise to this second appeal, to recover possession of the said houses. They alleged that during their temporary absence the respondents (Zamindars) had taken forcible possession of the said houses and had ejected their women folk and cattle.

(3.) The respondents' defence, so far as material for the purpose of this second appeal, was that the appellants had abandoned the village and the house, had taken up residence in a different village and thereupon, they (respondents) had taken possession of the houses. It may be stated, however, that the respondents had proceeded in a very cautious and lawful mariner. They had sent a report to the District Magistrate that the houses had been abandoned and they had obtained possession of the said houses through police help.