JUDGMENT

Niamatullah, J. - This is a plaintiffs' appeal and arises from a suit for possession of an occupancy holding. Both the Courts below have dismissed the, plaintiffs' suit. It is common ground, that the occupancy holding in question, originally belonged to one Lallu Singh, who died in 1901 and was succeeded by his widow Nidhao. The latter remained in possession of the occupancy holding till her death in 1919. The plaintiffs alleged that their grand-father, Bahadur, was the nearest collateral of her husband alive at the time of Mussammat Nidhao's death and that he inherited the tenure. The defendants are also collaterals of Lallu, being the sons of one Janki. They are certainly nearer than the plaintiffs; but the plaintiffs' case is that their grandfather Bahadur inherited the tenure on the death of Mussammat Nidhao, when the defendants' father Janki had died. Janki and Nidhao were brothers. The lower Courts have found, or at any rate assumed, that Bahadur was the nearest collateral alive on the death of Lallu; but they have dismissed the plaintiffs' suit on the ground that they failed to establish that Bahadur was joint with Lallu in cultivation of the holding and that, Bahadu