JUDGMENT

Rankin, J. - This is an appeal from a decision of the 5th Subordinate Judge of Dacca whereby he modified a decision of the Munsif of Munshiganj. The plaintiff is a co-sharer in the maliki interest of a small piece of land in area about one-third of an acre and he has a 3 annas 4 gundas share. So far as this particular land now in question is concerned, it appears that it was the subject-matter of a non-transferable occupancy right in defendant No. 11. The original raiyat transferred it or purported so to do to the first defendant and the case has been argued on the footing that the first defendant is merely a benamidar transferree for a co-sharer of the plaintiff, by name Hari Binode. It appears that the transfer was in November 1918, and that, in May of 1919, Hari Binode settled the land with the present appellants, defendants Nos. 2 and 3. It appears, further, so far as we can gather, that in or about January of 1919, Hari Binode excavated a tank and dug certain ditches on the property and that, in May 1919, defendants 2 and 3 erected certain structures for use as jute godowns, the intention being to use this plot of land not for agricultural purposes but for the purposes