JUDGMENT

Panckridge, J. - This is an appeal under the provisions of Clause 15 of the Letters Patent from a judgment of Biswas J., affirming the decree in second appeal of the learned Additional Subordinate Judge of Alipur who allowed the plaintiff's appeal from the-decree of the third Munsif at Alipur dismissing the plaintiff's suit. The plaintiff sued for declaration of her title to and for possession of a certain Jalkar tenancy, the defendants being the purchasers of that tenure at an auction sale. The sale was inexecution of a rent decree obtained by the landlord, the owner of the Jalkar. The plaintiff's husband was impleaded in the rent suit and it was suggested that that being so, the plaintiff could not institute the present suit as she was a mere benamidar of her husband. The learned Subordinate Judge found as a fact that the plaintiff was not her husband's benamidar and that finding cannot be questioned in second appeal. The plaintiff bases her title on a transfer in the year 1918 made by one who held the tenancy in virtue of a maurashi makarari patta dated 3rd January 1892, granted by the landlord. The defendants, that is to say, the appellants before us, contend that the g