Lord Russell of Killowen—

These consolidated appeals arise out of two ejectment suits which were brought by the appellants, who claimed that they had effectively determined the tenancies of certain premises held by the respondents under two separate leases. The premises in question consisted of a hat, bazar, bandar and ghat, and some other lands at Khankhanapur. The Subordinate Judge decreed both suits and ordered that the plaintiffs recover khas possession. On appeal to the High Court both suits were dismissed.

Two points only were argued before this Board, viz. (1) whether the tenancies were capable of being determined by notice at the will of either party, and (2), if the tenancies were capable of being so determined, whether they had been effectively determined.

The Subordinate Judge decided both points in favour of the appellants. The High Court decided the first point in favour of the respondents, and accordingly the second point did not call for any determination.

The first question is purely one of construction of a registered kabuliyat executed on 21st September 1900 and another executed on 4th August 1903. These documents define the terms of the two tenancies; but it will onl