P. S. Mishra, J.

1. Whether under Raiyats, having occupancy rights under the Bihar Tenancy Act, 1885 , can transfer alienate and/or otherwise dispose of their interest or not, is the short question raised in this appeal.

2. The defendant-appellants, who have lost in both the courts below, have preferred this appeal. The plaintiff respondents filed the suit for declaration of title and recovery of posssession with mesne profits. They alleged that their ancestors were the raiyats of the lands in dispute and they were so recorded in the record of rights. In due course there was a partition in their family and their interests were separated from other co-sharers. The lands in dispute were allotted to their share. According to them, Ram Pratap Choudhary was the under-raiyat in occupation of the lands was used to cultivate and divide the produce and after his death, his widow Jagpato came in possession. She also was recognised as the under raiyat and she continued as the Sikmidar till her death. After her death, her daughter, Mariun Kuer came in possession by virtue of inheritance. She, however, sold her Sikmi rights in the suit lands to the defendant-appellants by dint of severa