( 1 ) THIS is a plaintiffs second appeal against the decision of the learned Additional Civil Judge, bulandshahr dismissing its suit for the ejectment of the defendant. The plaintiff is the deity of bhagwan Sri Krishenji Maharaj Virajman Mandir Khanpur and filed this suit through its manager Ganga Saran. It was alleged in the plaint that Ganga Saran was the manager of the deity and had let out to the defendant a plot of land belonging to the plaintiff at a rental of Rs. 2/- per month, the tenancy commencing from the 1st of October, 1950. The defendant defaulted in payment of rent and a notice under Section 106 of the Transfer of Property Act was served of him,

( 2 ) THE defendant resisted the suit and contended that he had taken the land on lease from a man called Raghubir Saran and paid rent to him. He denied that Ganga Saran who is alleged by the plaintiff to have made the agreement was the manager of the deity.

( 3 ) THE trial Court disbelieved the defendant and decreed the suit for ejectment. In appeal the learned Judge held that the land had not been leased out to the defendant by Ganga Saran as alleged by the plaintiff but by Raghubir Saran. He also found that