JUDGMENT

Blennerhassett, J. - The defendants Nos. 1 and 2 granted to the plaintiff a lease for sixteen years on the 5th of June 1889, of an occupancy holding. On the next day the plaintiff granted a sub-lease for sixteen years to the defendants Nos. 3 and 4, who are brothers of the defendants Nos. 1 and 2, for the same land. The net result of these leases was that the plaintiff was to benefit to the extent of about Rs. 100 per annum for sixteen years.

2. The transaction appears to have been one of mortgage, though the parties have not directly stated this fact. Perhaps they thought that a mortgage of an occupancy holding would be held invalid by the Court, and so thought it better to draw up the two leases already mentioned. The plaintiff alleged that defendants Nos. 3 and 4 paid rent regularly till 1297 Fasli. They defaulted in 1298 and 1299 Fasli. The plaintiff distrained the crops. The defendants Nos. 1 and 2 filed an objection claiming the crops as their own and denying the plaintiff's title. The Revenue Court released the crops in favour of the defendants Nos. 1 and 2. The plaintiff sues for possession of the holding alleging that the defendants Nos. 3 and 4 are in collusion wit