JUDGMENT

1. This is an appeal by the defendants in an action in ejectment. The ancestor of the defendants executed a kabulyat in favour of the plaintiff on the 1st June 1889 in respect of the disputed land, which covers an area of six cottas. The original tenant died in 1910. On the 4th April 1911, the plaintiff commenced this action to eject the defendants who are his descendants, on the ground that as the household interest was not heritable, they had no right to remain in occupation of the land. The Courts below have decreed the suit. In support of the present appeal, it has been urged that the plaintiff was a raiyat at a fixed rate of rent and was competent to create, as he did, a permanent heritable interest in favour of his grantee, although the latter was an under-raiyat. It has not been disputed by the respondent, and in view of the decision in Hari Mohan v. Atal Krishna Bose 23 Ind. Cas. 925 (Rule No. 1260 of 1913 decided on the 17th June 1913) it cannot be disputed, that this result would follow if the plaintiff is a raiyat at a fixed rate, but it has been argued that he is not a raiyat of that description.

2. In the kabulyat executed by the ancestor of the defendants in fa