JUDGMENT

Piggot, J. - This is Jin appeal by the defendants against an order of the learned District Judge of Aligarh passed under Order XLF, Rule 23, remanding to the Court of the Subordinate Judge of Aligarh for decision on the merits a suit which had been dismissed by that Court. The learned Subordinate Judge had hold that, on the facts stated in the plaint, the suit was not cognizable by him, being barred by Section 107 of the Agra Tenancy Act (Local Act 11. of 1901). This is the finding which the learned District Judge has reversed on appeal and his decision is now challenged before us. There was a mortgage of some zemindari property on which a suit was brought and a decree for sale was made; after the mortgage, but before the decree for sale, the mortgagors executed a perpetual lease in respect of certain lands appertaining to the share in question. In execution of the decree for sale the zemindari property was put to sale and was purchased by the present plaintiff. He brought this suit in order to get rid of the perpetual lease. As originally drafted, the relief claimed in the plaint was recovery of possession over the land in question as against the defendants-lessees. In rep