JUDGMENT

Walmsley, J. - The plaintiffs prefer this appeal. They are co-sharer Gaonias in a village in the District of Sambalpore to the extent of twelve annas. Defendant No. 1 is another co-sharer Gaontia with an interest of two annas, and he is also the lambardar Gaontia. Defendants Nos. 2, 3 and 4 are co-sharers to the extent of the remaining two annas.

2. The case for the plaintiffs is that the lambardar took proceedings in the Court of the Deputy Commissioner for the ejectment of two tenants from their lands, obtained an order for their ejectment and took possession of their land on July 21st, 1909; and then without their approval granted a lease of the land to defendant No. 5, Dibakar. The plaintiffs say that the lambardar had no authority to grant such a lease, and that they served a notice on him warning him not to grant a lease, and they claim to be put in khas possession of the land to the extent of their interest.

3. The first Court decreed the plaintiffs' suit, but this decision was reversed by the learned Subordinate Judge on appeal.

4. The suit as originally framed related to the land of a third tenant also, but in the lower Appellate Court that part of the claim was withd