Judgement

Appeal by special leave on special terms from a decree of the High Court (Jan. 26, 1894) affirming a decree of the Subordinate Judge of Aligarh (April 21, 1892) which affirmed a decree of the Munsiff of Hathras (July 27, 1891) dismissing the appellants suit with costs.

The suit was in ejectment, and the defendants successfully resisted it on the ground of an equitable estoppel which it was contended arose under the circumstances which are fully set forth in their Lordships judgment. Special leave to appeal was given, though the value of the land was less than Rs.1000, for the reason that an important question of law was involved of general interest to all landlords and tenants—whether a tenant who obtains possession of land under a lease can con trary to the terms of his tenancy resist ejectment if he builds thereon with the acquiescence of his landlord, but without any stipulation express or implied that he should have a renewed or extended term. The appellants offered in their petition to pay the respondents costs of the appeal in any event " provided their Lordships should so direct.1

Cowell, for the appellants, submitted that the lease and subsequent tenancy had expir