( 1 ) THIS is a second appeal by the defendants arising out of a suit for his ejectment from a room and a dalan and some open space in front of them situated in Mohalla Uncha Mandi of the city of allahabad. One Mt. Kallo was the maid servant of the plaintiff. She stood in need of a house. The plaintiff permitted her to construct a house on the disputed site on the condition that the right of possession was for her lifetime, only and upon her death the plaintiff would be entitled to the possession of the site. Mt. Kallo died in 1940. The suit was brought by the plaintiff in 1944 on the ground that, in view of the conditions under which Mt. Kallo was allowed to construct and occupy the house, the plaintiff was entitled to the possession of the site. The defendants were the heirs of Mt Kallo.

( 2 ) IT appears that subsequent to the oral agreement between the parties a deed was executed by mt. Kallo on 19th November 1928, embodying the terms stated above and agreeing to pay a runt of Re. 1 per annum for the site. The trial Court decreed the suit for rent, but dismissed the suit for ejectment. In appeal the learned Judge of Small Cause Court decreed the suit also f