JUDGMENT

1. The four suits from which the present appeals arise were brought by the plaintiff tenants against the defendant-landlord for a declaration that they were lakherajdars in respect of the lands in suit, and for a further declaration that the lands did not appertain to the jama as alleged by the defendant, and that the decisions of the Revenue Officer were not binding upon them. It appears that during the settlement proceedings these holdings were recorded in the Record of Rights as rent paying, and liable to assessment of rent.

2. Thereafter the defendant applied u/s 105, Bengal Tenancy Act, to have fair and equitable rent settled in respect of these holdings. The plaintiff-tenants did not appear in those proceedings which were decided ex parte against them. The result of those proceedings was that the lands were included as mal lands in the holdings in suit. Thereafter the defendant brought suits for rent against the plaintiffs which led to the institution of the present suits. These suits have been decreed by both the lower Courts and the defendant appeals.

3. Two grounds have been urged by the learned Vakil on behalf of the appellant. Firstly, it is argued that the suits a