( 1 ) THIS appeal arises out of two suits instituted by Kedar Nath, plaintiff-respondent, for recovery of possession over a number of plots in village Kundri and for damages. One of them was against Soman and three others and related to nine plots measuring 3. 15 acres and Rs. 400 damages. The other was against Soman alone and related to two plots measuring 4. 9 acres and bs. 200 damages. The plaintiff claimed to be a hereditary tenant of the lands in suit. He characterized the defendants as trespassers who had entered into occupation since 1351f. The defendants contended that they were sub-tenants of over thirty-two years standing since the time of plaintiffs cousin, Indarjit, and that the plaintiff took over the plots from the aforesaid tenant-in-chief under some arrangement in 1351 and acknowledged the defendants sub-tenancy on the same rent as before, namely, ES. 61 per annum; and that the suit for possession and damages was not maintainable in the civil Court. The issue of subtenancy was referred to the revenue Court and was decided both by that Court and the Court of appeal against the defendants contention. The Courts below also agreed in deciding the other issues