K.B.N.SINGH, J.

1. This appeal, by Defendant No. 1, arises out of a suit for declaration of title and recovery of possession in respect of 2.28 acres of land, appertaining to Plots Nos. 577, 578, 608, 681 and 1136 of Khata No. 106, situated in Village Chainpur, District Ranehi.

2. The plaintiffs case in short is that the disputed lands were Bhumihari lands of Shital Pahan, uncle and grand-uncle of the plaintiffs. Shital Pahan had leased out the disputed lands to defendants ancestor, Sheikh Saifu, on an annual rental of Rs. 1/4/- as a temporary tenant, and after him his heirs, the defendants, held the disputed land as tenants at will, liable to be ejected from the lands at the sweet will of the lessor. The lease in question, under the Chota Nagpur Tenancy Act could not be for more than five years, neither could occupancy right accrue to the lessee, Shaikh Saifu, or his heirs. After the death of Shital Pahan, the plaintiffs inherited the disputed lands as his heirs and successors-in-interest, and they verbally asked the defendants to vacate the suit lands, but the defendants did not pay heed to it. Thereafter the plaintiffs sent notices under Certificate of Posting as well as