Odgers, J.

1. The plaintiff brought the suit to establish his right to half share in the properties of one Joram Bi deceased. As to items 3-6 in the plaint schedule, the defence is raised that they originally formed Khaji inam lands and that such lands were in fact inalienable and impartible. The Munsif found that these items were the properties of Joram Bi and were liable to partition and gave plaintiff a decree. This was confirmed on Appeal by the District Judge. Joram Bi had been in possession for 40 years and the District Munsiff held that 1st defendant had failed to show that her enjoyment was permissive. He also held that the Khaji inams were divided among the several members of the Khaji family long long ago with the result that each member or group of members hold separate and defined shares. The District Judge also held that the several branches of the Khaji family were enjoying portions of the plaint items as their separate property. I am by no means certain that these findings are not sufficient to dispose of the appeal on the short ground that the Khaji inam lands have long ago become disannexed from the office and that the possessors have acquired an absolute ri