JUDGMENT

Greaves, J. - These appeals are by the plaintiff from a decision of the District Judge of Chittagong which reverses a decision of the Munsiff of the first Court of the same place. In the year 1851 one Har Chandra Roy let out certain lands by way of a grant which was in the nature of a putni lease to one Ramjoy Khansama. The lease contained a provision that the lessee would give back to the lessor if so required such portions of the land as he required. Ramjoy in the year 1862 executed in favour of one Cliunnn Misfcry a Kaimi Estemrari Mokurari raiyati lease of these lands. This contained a similar provision to that contained in the head lease as to giving back any lands required by the lessor. The present plaintiff is the successor in interest of Har Chandra Roy. He wanted back some of the lands in dispute for the purpose of a market and a College and he sued the successor in interest of Ramjoy for a reconveyance of the lands which he required. Eventually Ramjoy's predecessor or rather the Court on his behalf executed a reconveyance of these lands to the present plaintiff by virtue of the covenant to that effect contained in the lease of 1851. But the plaintiff found the la