R.K.Choudhary, J.

1. This second appeal is by the plaintiff. He claims to be a permanent mokanrari tenant of a plot of coal land as also the surface land measuring 169 bighas described in Schedule A of the plaint. The dispute in the present litigation is with respect to portions of the aforesaid 169 bighas described in Schedules B and C of the plaint. Schedule B is a strip of land measuring about 600 feet long from north to south and about 15 feet wide from cast to west. According to the plaintiff it is his private road over and through which the defendants plied their coal from their coal area called Khas Mahatadih Colliery lying to the north of the plaintiffs Col-liery. Schedule C land measures about 200 feet north to south and 200 feet east to west, and according to the plaintiff the defendants coal was stacked over the same. The plaintiffs case is that at the request of the defendants, the plaintiff permitted them to occupy the disputed lands on payment of a monthly rent of Rs. 15 to Rs. 60 which was actually paid to the plaintiff by the de fendants up to January, 1950. As the plaintiff required the suit land for his own purposes, he sent on the 13th of March, 1950, a n