( 1 ) THIS is a defendants appeal arising out of a suit for arrears of rent under Section 148 of the U. P. Tenancy Act. The suit was filed by one of the co-sharers only, i. e. Hem Chandra Mukerji, against Mst. Batool Begum for recovery of arrears of rent in respect of three plots detailed in the plaint. The plaintiff alleged that the plots were the exproprietary tenancy of the defendant, who had Rot possession over the plots after the death of her husband Fida Husain, who was the original sir-holder of the plots.

( 2 ) THE defendant contested the suit and one of her pleas in defence was that the suit could not be decreed, inasmuch as, an area of 83 bighas of Sir appertained to a -/5/2 share of the proprietary interest owned by her predecessor, and that as such she had acquired exproprietary rights in the village and the entire exproprietary tenancy had thereafter became her sir. She further pleaded that the suit was bad for non-joinder of all the co-sharers as required by the provisions of Section 240 of the U. P. Tenancy Act. At a preliminary stage in the trial of the suit it was decided between the parties that the defendant was an exrtroprietary tenant in Khata No