ORDER

Greaves and Mukerji, JJ. - This appeal arises out of a suit wherein the plaintiffs, as four-annas co-sharers of a certain taluq, sought to recover arrears of rent from the defendants who, they alleged, were holding under them as tenure-holders. The defence of the defendants in substance, was that they were not tenure-holders but co-proprietors of the estate and further that the suit was not maintainable as all the person, who are successors-in-interest of the original transferee, Gour Sunder Singh, and whose names are recorded as such in the finally published record-of-rights were not made defendants therein.

2. The suit was decreed by the Court of first instance, and the said decision has been upheld by the lower Appellate Court. The defendants have thereupon preferred this appeal, in which the validity of the decisions of the Courts below has been challenged upon the two grounds which formed their defence as stated above.

3. As regards the first of these grounds, we are not prepared to accede to the appellant's contention. This necessitates our dealing with the second ground.

4. So far as the second ground is concerned: on the finding of the lower Appellate Court it is clear th