RAM LAL KOERI Vs. PANCHU AHIR

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiffs appellants for an injunction against the defendants interfering with the plaintiffs rights as occupancy tenants in plots Nos. 824, 825 and 728 in a certain village and for possession in case the Court held that they were out of possession.

(2.) The plaintiffs case was this. In the settlement of 1307 Fasli (1900 A.D.) the predecessors-in-interest of the defendants along with other persons had been incorrectly entered as occupancy tenants whereas really the predecessors-in- interest of the plaintiffs were the occupancy tenants: that in 1910 the plaintiffs (or their predecessors-in-interest) sued one Sunahi and Jaggu along with other persons for a declaration that the entry in the settlement papers was wrong: that the suit was compromised and that in execution of a decree based on the compromise the plaintiffs or their predecessors-in-interest were given possession against the said Jaggu, Sunahi and other persons. No immediate action was taken for correction of the revenue pipers, but in 1922 the plaintiffs applied for correction of the papers. The application though granted at first was thrown out in appeal. Hence this suit.

(3.) The suit was decreed by the Munsif who gave the decree both for injunction and for possession. In first appeal, however, the additional Subordinate Judge of Azamgarh has dismissed the suit in respect of two of the numbers, 824 and 728. The plaintiffs consequently appeal.