S.D. Singh, J. - (1.) This is a defendants' appeal arising out of suit No. 491 of 1943 of the Court of Munsif, Ballia West for a declaration that the plaintiffs were the adhivasis of the plots in suit and for possession thereof, if the plaintiffs were found to be out of possession. It appears that there was a criminal case between the parties under Section 145 of the Code of Criminal Procedure, these plots were attached in the course of those proceedings and the crops which were then standing were harvested and sold. The plaintiffs, therefore, also asked for a declaration that they were entitled to withdraw the money in deposit in respect of the sale of the aforesaid standing crops. The plaintiffs also asked for an injunction restraining the defendants from interfering with their possession over the plots.
(2.) The plots in question are fairly large in number and are situated in village Bharauli in District Ballia. The suit was contested by the defendants. Since a question relating to the adhivasi rights of the plaintiffs was involved an issue in respect of that allegation was referred to the Revenue Court. The Revenue Court recorded the finding that the plaintiffs were adhivasis of all the plots except three, viz., plots Nos. 68/5, 69 and 71/3. The Munsif heard the remaining issues and ultimately decreed the suit in respect of all the plots except the three plots aforesaid.
(3.) The defendants went up in appeal and the plaintiffs filed a cross-objection in respect of the three plots. The appeal was dismissed by the Civil Judge, Ballia, while the cross-objection was allowed and the suit decreed even in respect of these three plots. The defendants have consequently filed this second appeal.;