Jai Shanker Trivedi, J. - (1.) This defendant's second appeal is directed against the judgment and decree of the Civil Judge, Ballia dismissing the appeal and allowing the cross -objection of the plaintiff -respondents. The suit was filed by the plaintiff respondents for possession over a Gola and land appurtenant to it and for demolition of certain constructions made by the defendant over a portion of the disputed land. Damages were also claimed from 5th November, 1954, up to the date of possession. The plaintiff's case was that they were the owners of the disputed Gola and the land appurtenant to it and that after the abolition of the zamindari, the defendant was appointed agent to realize the arrears of rent due from the tenant. He was, subsequently, permitted to occupy the gola and its sahen. It was further stated that on account of the misconduct of the defendant, he, was removed from the tenancy and was also asked to vacate the gola and the sahen and as the defendant did not vacate, hence the suit.
(2.) The suit was contested by the defendant. He admitted that he was appointed an agent by the plaintiffs to realize the arrears of rent from the tenant. He, however, denied that the plaintiff was the owner of the disputed gola and the land appurtenant to it. He denied that he was in occupation of the gola and the land in dispute with the permission of the plaintiff. According to him, the disputed gola was constructed by his grand -father on the tenancy land of different tenants. The suit was alleged to be barred by time.
(3.) The learned Munsif held that the disputed gola and the land appurtenant thereto belonged to the plaintiff. He also held that the suit was not barred by the law of limitation. He decreed the plaintiff's suit and allowed Rs. 1625/ - as damages. Future damages at the rate of Rs. 25/ - per month were also awarded.;