( 1 ) THIS second appeal has been brought by the plaintiff against a decree of the District Judge of 24 Perganas in Title Appeal No. 335 of 1947, reversing the decree of the Munsif, First Court, at Basirhat in Title Suit No. 61 of 1946.

( 2 ) THE facts which are material for the purpose of this second appeal may be shortly stated as follows : One Baharali Mandal alias Bahadur Mandal had an occupancy holding in respect of an area of. 47 acres in plot No. 334 of Mouza Nehal-pur at a rental of Rs. 4/8 as under the superior landlords Sk. Md. Abdulla and others. By a document, dated 16th January, 1943, Baharali sublet. 40 acres of land held by him to the appellant at a rent of Rs. 4/8 as Although the Potta was executed by Baharali on 16th January, 1943, it was not registered by him, and the appellant presented this document for registration on 13th May, 1943. Upon registration being refused by the sub-registrar the appellant filed an appeal which was unsuccessful. Thereafter the appellant instituted a suit which was Suit No. 46 of 1944 in the Court of the First Munsif at Basirhat under Section 77 of the Indian Registration Act. This suit was decreed on compromise on 10th No