JUDGMENT

1. The plaintiff brought a suit for rent against the defendants in respect of a piece of homestead land in the town of Burdwan in which the defendant had a permanent transferable right. The defence was that the relationship of landlord and tenant between the plaintiff's and defendant was extinguished by the defendants transferring the leasehold interest to one Jnandayini before the rent sued for had accrued. The Court of first instance found that it was a heritable and transferable lease and that the defendant had transferred it to Jnandayini before the period in suit; but it being of opinion that in spite of the transfer the defendants were liable for rent to the plaintiffs, decreed the suit. On appeal, the learned Subordinate Judge reversed the decision of the first Court on the ground that under the lease the plaintiffs were bound to recognise the transferee of the defendants and hence they could not claim rent from them after the transfer of the lease to Jnandayini. The present appeal is by the plaintiffs.

2. A preliminary objection is taken to the competency of the appeal on the ground that the suit, from which the appeal arises, is of the nature cognizable by a Court o