JUDGMENT Bhairo Prasad, Member. - These two second appeals have been filed under Section 331(4) of U.P. Act. No. 1 of 1951 against the decree and judgment of Additional commissioner, Vaaranasi Division, Varanasi dated 22-5-1975 passed in first appeal No. 584 of 1974 against the decree and judgment of Assistant Collector 1st Class, Ballia dated 26-7-1974 in a suit under Section 229-B of U.P. Act No. 1 of 1951. 2. Suit was filled in the trial court by guru Charan, Hiraman and Bishwanath Against Abhai Narain, Gaon Sabha, State and Mst. Sukhwaria with the plea that he was sirdar now bhumidhar of the suit plots Nos. 428, 704, 228, 229, 230, 442 and 656 total area 2.82 of village Narhi pergana Garha, district ballia. The suit was contested by Abhai Narayan and Smt. Sukhwaria separately. The trial court after taking the evidence of the parties decreed the suit on 26-7-1974. Appeal No. 584 of 1974 was filed by abhai Narain and other appeal No. 152/299 of 1974 was filed by Smt. Sukhwaria. The first appellate court allowed both the appeals and have dismissed The suits but he observed that Abhai Narain alone is a sirdar of the suit plot, therefore, Smt. Sukhwaria filed Second appeal No. 371 of 1974-75 and Gurucharan and other filed second appeal No. 357 of 1974-75 in this court. 3. Heard the learned counsel for both the parties. Perused the record. 4. Ultimately both the counsels have agreed that the finding recorded by the first appellate court that Abhai Narain alone is sirdar is not tenable because he cannot adjudicate the right and title in between the defendants. The court was only to adjudicate the right and title between the plaintiffs and defendants, therefore, the appeal of Smt. Sukhwaria regarding finding of the first appellate court is allowed. These two defendants will have their right and title to get adjudicate their claims not in this suit and appeal but in a different suit between them. 5. As regards the appeal of Gurucharan and others it was not pressed and now the position remains that the appeal of Guru Charan and others are not pressed, therefore, it is accordingly dismissed. The appeal of Smt. Sukhwaria is allowed in respect of the finding recorded by the first appellate court between Smt. Sukhwaria and Abhai Narain. That finding is set aside but the order of the suit is maintained. The appeal of Smt. Sukhwaria is allowed in respect of the finding recorded by the first appellate court between Smt. Sukhwaria and Abhai Narain. That finding is set aside but the order of the suit is maintained. This order shall govern S.A. Nos. 357 and 371 of 1974-75/Ballia.