Kanhaiya Singh, J.

1. This is an appeal from the judgment and decree of the Additional District Judge of Gaya dated the 18th January, 1950, affirming the decision of the Additional Subordinate Judge of Gaya dated 20th January, 1949, under which the suit of the plaintiff-respondent for possession was decreed. The plaintiff in this case is the Gaya District Board, and the suit relates to 13 bighas of land in village Shamser Nagar in the district of Gaya. The Chairman of the District Board settled this land with the defendant at an annual rental of Rs. 195/- in the first instance for five years with effect from 1-7-33 and again on the expiry of the first term for another period of five years with effect from 1-4-1939, on each occasion by a registered deed of lease dated, respectively, 3-11-34 and 5-12-40.

On the expiry of the term of the second lease on 31-3-44 the plaintiff, it was alleged, entered into possession and remained in possession from 31-3-44 to 12-4-44 when the land was settled with one Chetawan Pandey by auction for five years with effect from 13-4-44 at an annual rental of Rs. 221/-. A dispute about possession arose between Chetawan Pandey and the defendant culm