JUDGMENT

Jackson, J. - The only substantial point for decision in this case seems to be, whether the plaintiff, as sirdar ghatwal, is liable to be ejected from the ghatwali tenure by the Magistrate, on being dismissed from the post of ghatwal, for the authority of the Magistrate to dismiss is not directly raised in the plaint, while his authority to allow the plaintiff to perform the duties of ghatwal or to prohibit him is directly reserved to the Magistrate by the Judge's decree.

2. In regard to the point before us, it is to be observed that the plaintiff alleges himself to be an irremoveable tenant at a quit-rent, with the option of performing certain services if required to perform them, but apparently not liable to any forfeiture for refusal. His theory seems to be, that the service is an appendage to his tenure, and not that the tenure is conditional on the performance of the service. The plaintiff has no title deeds whatever, or any documentary evidence of any description, to show that he has any title independent of service as ghatwal to held the lands in suit; and the very name 'ghatwali' indicates that the tenure is held by virtue of the office of ghatwal.

3. It is admitted,