Judgement

Appeal (No. 113 of 1929) from a judgment of the High Court (February 22, 1928) reversing, so far as material to the present appeal, a decree of the Subordinate Judge of Patna (April 21, 1925), which affirmed a decree of the Munsifs Court.

The respondents, members of a joint Hindu family, instituted a suit against the appellant in the Court of the Munsif of Patna for possession of about 37 bighas of land in mauza Lachampur Karja. The land in suit was part of a jaghir held by the respondents as road chaukidars. By their plaint they alleged that the appellant was a mere darjotdar (under-raiyat) in respect of the land, and that they had served on him a notice to quit under s. 49 (6) of the Bengal Tenancy Act, 1885. The appellant by his written statement pleaded, so far as material to the present appeal, that he was the plaintiffs raiyat with occupancy rights; and could not be ejected.

A considerable body of documentary and parol evidence was admitted at the trial. The documentary evidence included certified copies of extracts from the record-of-rights, namely, khatian No. 463 issued to the plaintiffs, and khatian No. 2 issued to the defendants. There was no evidence as to the