( 1 ) THIS is an appeal by the defendant against a judgment of affirmance. The plaintiff instituted the suit on the following allegations: The suit land covered by C. S. Dags 171, 172 and 173 measuring. 97 decimals khatian No. 65 published under the Non-agricultural Land Assessment Act (Bengal Act XIX of 1936 ). situate Mouja Manirampore P. L. S. Barrackpore within North Barrackpore Municipality, with structures on portion of dag No. 171 belonged to the plaintiff. The structures and land appertaining thereto measuring. 10 decimals are recorded as R. S. dag Nos. 171/198 and 171/199 which are in khas possession of the plaintiff. The remaining land with tank recorded in dag No. 172 measuring. 20 decimals. Pahar of Tank recorded in day No. 173 measuring. 08 decimals and the remaining portion of dag No. 171 measuring. 59 decimals, in all. 87 decimals was settled by the plaintiff with the defendant at a monthly rent of Rs. 10-6-8 p. or annual rent of Rs. 125/-for three years from Sravan 1358 B. S. to Asarh 1361 B. S. and an unregistered kabuliyat was executed by the defendant. The plaintiff held the land under the Collector of 24-Parganas as a non-agricultural tena