Judgment

AYYANGAR, J. : The plaintiff is the appellant in this appeal, by special leave, which is directed against the judgment and decree of the High Court of Allahabad. The plaintiff s suit was dismissed by the Civil Court of Sitapur and the High Court confirmed that order of dismissal.

2. The facts necessary for the disposal of the appeal, in view of the only point raised before us lie in a very narrow compass. The dispute relates to the claim of the appellant to an area of 16 Bighas or 3 acres odd in plot 160 bearing Municipal number 1444, situated in Chhauni Qadim, Sitapur Cantonment. The plaintiff is the Taluqdar of the Mahmudabad estate in the district of Sitapur. The dispute relates to the nature of his title to the interest in his property which is admittedly nazul land and the particular whether he has forfeited his leasehold interest by reason of his acts and conduct to which we shall refer presently.

3. From the evidence on record the precise date upon which the predecessors in title of the appellant ancestors obtained this property on lease or the terms upon which they held it are not very clear. We should also add that this has not been the subject of examination by the