JUDGMENT

1. This is an appeal by the defendants in a suit by the plaintiff for declaration of title and confirmation of possession on the ground that he has an occupancy raiyati right in the two jamas mentioned in the schedules ha and kha of the plaint and is not liable to be evicted therefrom. The facts which have led up to this suit are that a suit was brought in 1909 by the defendants for ejectment of the plaintiff from the lands in this suit alleging him to be an under-raiyat and that suit was dismissed. In 1918 the defendants brought a suit against the plaintiff u/s 66, Ben. Ten. Act, alleging that the plaintiff was his korfa tenant, for arrears of rent and in default of payment for ejectment. That suit was decreed ex parte but the plaintiff in this suit appeared at a later stage and deposited a portion of the decretal amount. It appears that he did not deposit the entire amount and, therefore, the defendant took out execution of the decree and obtained formal delivery of possession through Court. The tenant not having vacated the land the defendants brought a suit in 1921 for recovery of possession. This suit was decreed after contest up to the appellate Court. That decree was