JUDGMENT

1. The subject-matter in dispute in this appeal is a house situated in Badaun. The plaintiff sued for possession, but in his plaint added a further prayer that any other relief to which ho might be entitled be granted to him. One of the defences and the only one with which we are now concerned, was that as the plaintiff's mother acting for him had granted a lease to certain third persons, the plaintiff could not sue for immediate possession, inasmuch as the lease was a lease for one year and this period had not determined at the time when the suit was brought. The Court of first instance sustained this plea, but in appeal the District Judge held that the plaintiff was entitled to claim immediate possession. He accordingly reversed the order of the Munsif and remanded the case for determination on the merits u/s 562 of the former Code of Civil Procedure. The defendants who were in actual possession have come to this Court and again raise the plea that upon the plaintiff's own showing his suit for immediate possession cannot succeed as the term of the lease had not expired at the date of suit,

2. The learned vakil for the appellants relied upon C.T. Davis v. Kazee Abdool Hamed