Sir John Edge :—

These are two consolidated appeals. The appellant in each of these appeals, Raja Mohammad Abdul Husan Khan, is the plaintiff in the suit in which the appeal has arisen. The suits were brought to obtain the decision of the Civil Court as to the status of the defendants in two villages in Oudh. The title of the plaintiff as proprietor within the meaning of that term in Act XXII of 1886 and Act III of 1901 was not in dispute in either suit. In one of these suits Ram Pargash is the defendant and in the appeal relating to that suit he is the respondent here. In the other suit Prag, Bhagwan Dat, and Suraj Bali, were the defendants. Prag, Bhagwan Dat and the representatives of Suraj Bali, who has died, are the respondents here in the appeal which relates to that suit. In the suit in which Ram Pargash is the defendant the plaintiff asked for a decree for the proprietary possession of Mouza Kauria Pirhia and for a declaration that Ram Pargash had no proprietary right and no under-proprietary right in that village. Ram Pargash claimed that he had an under-proprietary right in the village. The Subordinate Judge of Gonda, who tried the suit, found on the evidence that Ram Parga