JUDGMENT :- This second appeal by the plaintiff arises from a suit of declaration of the plaintiffs title to the suit land and for recovery of khas possession therein and also for recovery of mesne profits for three years.

2. The case of the plaintiff Chandra Nath Mukherjee was briefly as follows. On 10-4-1937, defendant No. 2, Ram Dhani Barui took settlement of the plot described in item No. 1 of schedule Ka, measuring .03 acre, for erecting a dwelling hut thereon, no period being mentioned in the Kabuliat which was duly registered. The rent reserved was Rs. 6/- per year. On 30-10-1939, defendant No. 3, Rani Bala Dasi, executed a registered Kabuliat in respect of the plot of land described in item No. 2 of the schedule Ka, measuring also .03 acre, purporting to take lease of the land for an indefinite period at the yearly rental of Rs. 7-8 annas. This was also for the purpose of erecting a dwelling house. Rani Bala, defendant No. 3, was the wife of Ram Dhani, defendant No. 2, and though the settlement was taken by two different kabuliyats on two different dates, ultimately the two plots were regarded as comprising one holding and the defendants Nos. 2 and 3 erected a dwelling house

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