JUDGMENT

Chakravarti, J. - This is an appeal by the defendants and arises out of a suit brought by the plaintiff for a declaration of his title to four parcels of land and also for recovery of possession against all the defendants. But so far as Defendant No. 1 was concerned the plaintiff's case was that that defendant was his tenant but in a suit for rent brought by the plaintiff against the defendant he (the defendant) put in a written statement denying the plaintiff's title to the land and set up a title of Defendants Nos. 2 and 3 as the owners of the land. The plaintiff alleges that on such a denial having been made he withdrew the rent suit and now brought this suit for khas possession against the defendant on the ground that the Defendant No. 1 had forfeited his tenancy under the plaintiff. The defence was that the and belonged to Defendants Nos. 2 and 3 and that if it was found that the plaintiff was the owner of the land then Defendant No. 1 was ready to pay rent to him. The Court of first instance gave a decree to the plaintiff for possession against all the defendants. That decree was affirmed on appeal by the District Judge. This second appeal is on behalf of Defendants N