Reuben, J.

1. This appeal is directed against a decision of the Subordinate Judge of Patna confirming a decision of the Additional Munsif, Patna, decreeing a suit for the eviction of the defendants-appellants from a house situated in the northern portion of holding No. 59 of Circle No. 167 of Patna City. The suit was filed by the plaintiff as landlord, suing to evict the appellants as tenants on the termination of their tenancy by notice to quit. The appellants contested and raised a question of title. They denied the title of the plaintiff and set up a title in themselves under an oral gift made by Budha Batau, father of the plaintiff, in favour of defendant 1.

The Courts below rejected the story of the alleged gift. They held the title to be vested in the plaintiff. They did not accept, however, the story that the appellants entered into occupation of the house as tenants under the plaintiff. Their finding is that the parties are related and that, as the appellants were in difficulty as to accommodation, they were allowed by the plaintiff to enter into permissive possession of the house. On these findings, the plaintiff was given a decree for eviction as in a suit for rec