H.Mahapatra, J.

1. This is an appeal by the defendant No. 1 under Clause 10 of the Letters Patent of the Patna High Court from a* judgment passed by a learned single Judge of this Court on the 4th of October 1958, decreeing the plaintiffs suit, and setting aside the judgment and decree of the trial Court by which the suit was dismissed. Plaintiffs 1 to 9 are some of the cosharer landlords. The other plaintiffs 10 to 15 are tenants. Of them, plaintiffs 10 to 12 claimed occupancy right over the lands given in Schedule 1 of the plaint and plaintiffs 13 to 15 claimed such right over Schedule 2 lands. Though the suit was instituted for several reliefs in respect af the five schedules of lands narrated in the plaint, at a later stage it was only confined to the reliefs asked on behalf of plaintiffs 10 to 15 (the tenants) in respect of Schedules 1 and 2. Thus for the purpose of this appeal we have to take that the suit was for declaration of title and confirmation of possession of plaintiffs 10 to 15 over the lands described in Schedules 1 and 2 of the plaint. Defendants 2 to 12 were the other cosharer proprietors of tauzi No. 402 mauza Garhi Bishanpur in the district of Monghyr..