JUDGMENT :- These three second appeals arise-out of three suits for ejectment filed under S. 175 of the U.P. Tenancy Act, 1939. The plaintiff in all the three actions was Bikram Singh while the defendants were different. The plaintiff claimed, that he was the sirdar of the plots in salt, that the defendants were mere non-occupancy tenants, that he no longer wished them to continue as his-non-occupancy tenants and that therefore he asked them to quit and that on their failure to do so he had filed the suits for their ejectment. The suits were filed in the year 1944. The defence was that the defendants were hereditary tenants and the plaintiff was not the landlord and had therefore no right to eject them. The trial Court decreed the suits on the 8th of February, 1946. The defendants filed appeals and the lower appellate Court allowed the appeals on the 21st of February, 1947 and the plaintiff thereafter came to this Court in second appeal.

2. It is the common case of the parties that Harbans Singh was the sirdar of these plots now in dispute. He died in the year 1906 leaving two daughters, Risal Kuer and Bhagwani Bikram Singh plaintiff is the son of Bhagwani. On the 14th of October, 1

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