Judgment

VENKATARAMA AYYAR, J. : This appeal raises a question on the construction of Section 11 of the Suits Valuation Act. The appellants instituted the suit out of which this appeal arises, in the Court of the Subordinate Judge, Monghyr, for recovery of possession of 12 acres 51 cents of land situated in mauza Bardth of which defendants 12 and 13. forming the second party are the proprietors. The allegations in the plaint are that on 12-4-1943 the plaintiffs were admitted by the second party as occupancy tenants on payment of a sum of Rs. 1,950 as salami and put into possession of the lands, and that thereafter, the first party consisting of defendants 1 to 11 trespassed on them and carried away the crops. The suit was accordingly laid for ejecting defendants 1 to 11 and for mesne profits, past and future, and it was valued at Rs. 2, 950, made up of Rs. 1,950 being the value of the relief for possession and Rs. 1,000, being the part mesne profits claimed.

2. Defendants 1 to 11 contacted the suit. They pleaded that they had been in possession of the Lands as tenants on batal system, showing the produce with the landlord, from fasli 1336 and had acquired occupancy rights in the te