JUDGMENT

Jenkins, J. - This is a suit for the recovery of certain premises in Calcutta known as 173, Aheereetolah Street, and to enforce payment of certain arrears of rent and mesne profits. The plaintiff was at the date of the Small Cause Court suit, to which I will later refer, the owner of these premises, subject to a subordinate tenure vested in the defendant at a monthly rent of Rs. 15-8. The rent having fallen into arrear the plaintiff, in conjunction with his mother, sued the defendant for these arrears in the Small Cause Court, and by way of defence the folio wing pleas were raised:

2. "Denies tenancy under the plaintiff or any one else, and admits occupation as owner of the land. Denies payment of any rent to the plaintiffs. Never indebted. Misjoinder of parties. Denies jurisdiction."

3. The oral evidence is to the effect that the denial of tenancy, and the claim of occupation as owner, were set up at the first hearing on the 28th April 1892, and there can be no doubt that at any rate they were in. existence on the 10th of August 1892. On the 21st August 1892 the defendant was examined on commission, and in the course of her evidence she stated as follows: "I do not pay any r