JUDGMENT Ryves, J. - Shamsi was the occupancy tenant of the land in dispute. He died leaving four sons Sher Khan, Zainuddin, Baz Khan and Khairuddin. The plaintiffs are Khairuddin and the four sons of Zainuddin who is dead and the three sons of Baz Khan who is also dead. These plaintiffs brought this suit in the Revenue Court at Moradabad against Sher Khan and rite Zamindar. The suit purported to one under S. 95 (a) of the Agra Nancy Act. In their plaint after citing the above facts they stated that on the death of Shamsi his four sons jointly cultivated the land but the name of Sher Khan alone was entered in the revenue papers because he was the eldest son and was the head of the family. The plaintiffs assert that they are in possession of the land as heirs of Shamsi but that inasmuch as the zemindar does not admit that they are tenants the suit was brought for a declaration under S. 95(a) of the Agra Tenancy Act. The Assistant Collector before whom the case came held that the suit was triable by a Civil Court and dismissed it On appeal the learned Additional District Judge of Moradabad has upheld this view. The plaintiffs come here in second appeal and the only joint taken is that the suit was one exclusively triable by the Revenue Court, and my attention has been drawn to the cases of Charta Rai v. Jinsi Ahiram [1914] 36 All. 48-11 A.L.J. 1032-21 I.C. 859. Baljit v. Mahipal [1919] 41 All. 203-17 A.L.J. 60-49 I.C. 118 and Jagannath v. Balvant Singh [1922] All. 372 - 44 All. 692- 20 A.L.J. 570-68 I.C. 247. It seems to me from a perusal of the plaint itself that the real object of this suit was to have a declaration against both the zemindar and Sher Khan that the plaintiffs were the occupancy tenants of the holding. Such a suit it seems to me can only be brought in a Court of revenue, having regard to the S. 167 of the Agra Tenancy Act. I therefore allow this appeal, set aside the decree of the Court below and direct that the plaint be returned through the learned District Judge to the trial Court to restore to its original number and to dispose of it according to law. I therefore allow this appeal, set aside the decree of the Court below and direct that the plaint be returned through the learned District Judge to the trial Court to restore to its original number and to dispose of it according to law. Costs including in this Court fees on the higher scale will abide the result.