Venkataramana Rao, J.

1. This second appeal arises out of a suit in ejectment filed by the plaintiff who is the proprietor of the Anakapalli Estate against the defendants who are his tenants in possession of the suit land covered by Patta No. 223 of Anakapalli village on the ground that they have diverted a portion of the holding for non-agricultural purposes by digging up the land and laying foundations for constructing a superstructure thereon and also by enclosing another portion of the holding with a compound wall the result of which according to the plaintiff was that 14 cents of land would become unfit for use for agricultural purposes. The defendants pleaded that their intention was to erect a farm house for storing the grain harvested on the holding and for other agricultural purposes. The learned Deputy Collector was of the opinion that the intention of the defendants was not to store the grain raised ,on the land but to store articles in respect whereof they were carrying on a business. He was however of the opinion that the compound wall was raised on a portion of the land which was formerly covered by a koradi and which was never under cultivation before and that