Chaudhary Sia Saran Sinha, J.

1. The substantial question of law, formulated in this second appeal at the instance of the plaintiff against the judgment of reversal, is a short one, namely whether an under tenant even after remaining in possession for more than 12 years can lawfully transfer his under tenancy right.

2. Short facts, relevant for the disposal of this appeal, which are more or less undisputed, are these. Plot Nos. 5922 and 5923 having an area of 0-09 and 0-08 acres respectively lying in mauza Rampur Mohanpur, Araria, in the district of Purnea, were recorded as raiyati lands of one Mushahru father of defendants 8 and 9, Sk. Khalil and Sk. Jamil, respectively. Defendants Nos. 8 and 9 sold the raiyati interest in these plots obviously on the death of their father, Mushahru, to the plaintiff under a registered sale deed dated the 4th July 1962. One Jitni, widow of of Buni Baitha was recorded in the revisional survey recorded of rights as sikmidar in respect of these two plots. Sk. Khalil and Phulai Baitha (defendants 6 and 7) respectively claimed to have purchased the under-raiyati interest of these two plots from the recorded tenant Jitni on the assertion that Ji