Judgment

CHANDRASEKHARA AIYAR J.: This is an appeal by the defendants from a decree of the Patna High Court reversing a decree of the Subordinate Judge s Court at Patna, and decreeing the plaintiff s suit for possession against the defendant first party who may be called for the sake of convenience as the Gopes .

2. The lands were khudkhasht lands, partly belonging to the plaintiffs first party and partly belonging to Mussammat Anaro Kuer, from whom the plaintiffs second and third parties trace title. The ancestors of plaintiff first party gave on 28-9-1899 an ijara with possession to one Lakhandeo Singh as ancestor of the defendant second party under Exhibit 1 (b) for a term of six years from 1307 Fasli to 1312 Falsi for Rs. 540/-. The poshgi money was to be repaid in one lump sum at the end of Fasli 1312. If there was no redemption then, the ijara was to continue in force till the money was repaid. Mussammat Anaro Kuer gave her share in ijara to the same Lakhandeo Singh orally on 10th June, 1905, for a period of three years for Rs. 542/-. Lakhandeo Singh, who is represented now by the defendant second party, made a settlement of the land thus got by him (8.26 acres or 13 bi