JUDGMENT

Sundar Lal, J. - This is a reference u/s 195 of Act II of 1901 (U. P.), made by the District Judge of Budaun under the following circumstances:--The plaintiff, Har Narain, avers that he is the zamindar and owner of two plots of land Nos. 47/2 and 52/3 in Patti Muhammad Ali in Mahal Altaf Husain of Mauza Ganaur, of which the defendant inderman is a non-occupancy tenant under the plaintiff. He sues for the ejectment of the said defendant, u/s 58 of Act II of 1901 (U.P.). The second defendant to the suit is one Ganga Prasad alias Gangola, who according to the plaint is colluding with defendant No. 1 and has been put in possession of the said land by the defendant No. 1. u/s 64 of the Agra Tenancy Act (II of 1901) in all suits for ejectment any person in possession claiming through the tenant may be joined as a party to the suit. Ganga Prasad alias Gangola was, therefore, properly made a party defendant to the suit on the allegations made in the plaint.

2. Inderman filed a written statement disclaiming all interest as a tenant in the land in suit. The second defendant Ganga Prasad alias Gangola has defended the suit on the ground that he is in possession of plot No. 47/2 as a te