Chatterji, J.

1. This is an appeal under Clause la of the Letters Patent by the defendants in a suit for ejectment. Admittedly the suit land forms part of an occupancy holding of the plaintiffs, the incidents of which are governed by the Chotanagpur Tenancy Act. The plaintiffs case was that about 10 years ago Rachhi Singh, deceased father of defendant No. 1 and husband of defendant No. 2, took dar-raiyati settlement of the suit land from the plaintiffs and about 6 years ago he built a house-on a part of the suit land on condition that the house would toe demolished and the suit land restored to its former condition and delivered to the plaintiffs on demand. After the death of Rachhi Singh, the defendants have been in possession of the suit land. On 16th of July, 1945 the plaintiffs, served a notice on them to vacate the land. As they did not do so, the plaintiffs instituted the present suit in 1946.

2. The suit was contested by defendant No. 1, who will be referred to hereinafter as the defendant, and his defence in substance was that the plaintiffs settled the suit land with Rachhi Singh under a deed dated the 15th Aghan 1325 fs. on an annual cash rent of Rs. 9-4-6 and it