Sinha, J.

1. This appeal is on behalf of the defendant arising out of an action in ejectment.

2. The plaintiffs case was that at the time of the settlement of the land in question, which measures 2 bighas 10 kathas in village Ghatsila,. he was the landlord of the land. There was a title suit going on about the proprietary interest of the plaintiff which went up to the Privy Council and was ultimately decided in favour of the plaintiff. During the pendency of that suit, a Receiver had been appointed by the Court and the Receiver settled the land with defendant 1 for a term of ten years commencing from 1334 Amli under a kabuliyat executed by defendant 1. The settlement was made on 6-5-1927. After final decision in the title suit, when the plaintiff came in khas possession of the village in which the suit land lay in July following, he brought a title suit (No. 4 of 1928) for recovery of khas possession of the land in suit on the allegation that the kabuliyat executed by the defendant was a collusive and fraudulent document and he was not bound by the same, and further that the defendant derived no title thereunder. This title suit No. 4 of 1928 was dismissed as premature, and