JUDGMENT S.D. Agarwal, J. - This is a defendants Second Appeal arising out of a suit filed by the plaintiff respondents for an injunction restraining the appellant from interfering with the plaintiffs respondents possession over the land in suit. The suit was decreed by the trial court on 2nd June, 1970. Against the said judgment an appeal was filed. The appeal was dismissed on 25th February, 1971, Against the judgment dated 25th February, 1971 the present second appeal has been filed in this Court. 2. Learned counsel for the appellant has urged that only a portion of plot no. 128 has been found to be abadi and as such the suit was clearly barred by section 49 of the U.P. Consolidation of Holdings Act. 3. The trial court as well as the lower appellate court have found that more than 15 of the land is abadi land and the remaining land is part. There is no finding that the remaining land is agricultural land. In the circumstances since it was an abadi plot the consolidation courts had no jurisdiction to determine the rights of the parties to the said land. The view taken by the lower appellate court as well as by the trial court is, therefore, in accordance with law. 4. In the result I do not find any force in this appeal. It is accordingly dismissed but in the circumstances of the case parties are directed to bear their own costs.