Ramaswami, J.

1. This appeal is presented under the Letters Patent from the judgment of Reuben, J. (as he then was) in a second appeal.

2. The plaintiff Bamdeb Das brought the suit on the allegation that he was the 16 annas landlord or a chandna tenancy of which defendant 2 Bhramarbar Choudhuri was the recorded tenant. The plaintiff alleged that Bhramarbar Choudhuri had transferred the holding to his wife Rupai Devi defendant 1, without his consent. The plaintiff claimed that defendant 1 Rupai Devi was holding the land as a trespasser, and that Bhramarbar Choudhuri was liable to be ejected from the holding. The main ground of defence was that the transfer in question was not real but a benami one which was made in order to save the holding from being sold in execution of a decree obtained against Bhramarbar. It was also contended on behalf of the defence that the tenancy was not chandaa at all, but was an occupancy holding which was transferable without the landlords consent. The learned Munsif held that the tenancy was a chandna one and was not transferable without the landlords consent. He further held that defendant 2 Bhramarbar ought not to be permitted to show that the