( 1 ) THIS appeal is at the instance of the defendant no. 1 and it arises out of a suit for partition and khas possession.

( 2 ) THE property in suit is a tract of land know as "ghoshaler Abad' comprising within it a jalkar. The plaintiff, since deceased, the predecessor-in-interest of the respondents nos. 1 (1) to (7), and the defendants were co-sharers of the suit property in Mourasi Mokurari right. The defendant no. 1 has 10 annas share equivalent to 5/24th share and the respondents including the respondents nos. 1 (1) to 1 (7) have 6 annas share equivalent to 9/24th share in the suit property. Out of the 9/24th share, the plaintiff had 4/24th share. The 6 annas or the 9/24th co-sharers including the plaintiff, granted a Dar Mourasi Mokurari lease to the defendant no. 1 by an unregistered agreement to lease dated March 29, 1936 at an annual rent of Rs. 846-15-2 pies. Out of the amount of rent defendant no. 1 was to pay a sum of Rs. 171-15-2 pies to the superior landlords and pay the balance sum of Rs. 675/- to the 6 annas co-sharers including the plaintiff in proportion to their respective shares. Clause 12 of the agreement to lease, inter alia, provide