Narasimham, J.

1. This is an appeal from the judgment of a single Judge of this Court dismissing the plaintiffs suit for eviction.

2. The properly consists of 2 kathas and 10 dhurs of land in plot No. 965 within Jugsalai Thana in which a residential house has been constructed. The previous owner of the plot, namely Sardar Amrit Siugh granted a palta of the same to respondent No. 1 on 8-6-1936 (Exhibit A) in which he stated that after obtaining salami of Rs. 500 from her he leased out the property to her on the basis of payment of an annual rental of Rs. 2/2/-. The patta was, however, not signed by the lessee and was also not registered. But it has been found as a fact by all the Courts that in pursuance of the patta the lessee obtained possession of the plot and has been paying rent to the landlord. The said Sardav Amril Singh sold the property to the plaintiff appellant by a sale deed (Exhibit 2) dated 10-10-1953. The plaintiff then, alter giving usual notice to quit, sued defendant No. 1 for eviction, impleading his vendor as pro forma defendant No.2.

Though the plaintiffs suit was decreed in the two lower courts, the learned single Judge dismissed the suit holding that t