Raj Kishore Prasad, J.

1. This appeal raises an interesting point of law and a question of first impression.

2. The question is, whether a lease of a tank is an agricultural lease?; or, in other words whether it is a lease for "agricultural purposes" within the meaning of Sec.117 of the Transfer of Property Act.

3. The plaintiffs-respondents brought a suit for declaration of title and confirmation of possession in respect of plots 513 and 514, under khata 128, in village Atidhartora. Their case was that their ancestors took raiyati settlement of the disputed plots from the original mokarridars by an unregistered amalnama (Ext. 4) in 1332 B.S. Thereafter, in execution of a decree for arrears of mokarri rent, the mokarri tenure was sold in Execution Case 1609 of 1936-37, and, purchased by defendants 2 to 15.

In 1353 Fasli, defendant 1, who is the appellant before this Court, took settlement of the disputed plots, under a kabuliyat (Ext. A) executed by him, in favour of defendants 2 to 15, and, on the basis of this settlement, tried to dispossess the plaintiffs.

4. The suit was contested by the defendants, who challenged the plaintiffs title and Possession. Their case was tha