Sir George Rankin:-

In this case five appeals remain to be decided, seven having been compromised. The plaintiff in suit No. 106 (appeal No. 35) was Bahuria Mt. Bhagjogna Kuer and the principal defendant was the then Maharaja of Dumraon. In the other four suits the Maharaja was plaintiff and the principal defendant was Babu Ramsarup Singh, Mt. Bhagjogna's husband. These original parties have all died and their place has been taken by representatives, but these changes in the record may be disregarded for the sake of brevity in expression. The suits arose out of proceedings taken by the tenants of certain agricultural lands near to the River Ganges and to the border line between the district of Shahabad in Bihar and Orissa and the district of Ballia in the United Provinces. By S. 149, Bengal Tenancy Act, a tenant, if sued for rent by a person whose title to the rent he does not admit, may pay the money into Court with a plea that the rent is due to a third person. The Court thereupon gives notice to the third person with a view to his bringing a suit against the plaintiff and obtaining an "order restraining payment out of the money". In the case of the five tenancies, with which the