JUDGMENT

Grant, J.M.

1. A second appeal in four connected cases u/s 44.

2. The Raja of Bara sued to eject Mst. Subhadri, a recorded sub-tenant, from 3 plots, and in the other case the grandsons of one Sipahi, recorded subtenants of two other plots. Counter-cases have been filed by the recorded sub-tenants claiming occupancy rights. The cause of action in both holdings being the death of the recorded tenant-in-chief, Mst. Dasudri in 1932.

3. The Court of first instance dismissed the suit for ejectment holding that the Appellants were really statutory tenants-in-chief by virtue of two leases executed on 19-9-1896 by the Sazawal of the Court of Wards in favour of Beni, the husband of Mst. Subhadri and of Sipahi, the grandfather of the other Appellants.

4. The recorded sub-tenants' rent, vis. Rs. 16 and Rs. 22 respectively is actually less than the recorded occupancy rent of Rs. 16-6-0 and Rs. 22-4-0 and apparently is being paid direct to the zamindar, although it must be admitted that the agent's statement regarding payment is somewhat vague.

5. The Appellant's case is that the land in suit was originally the holding or Ishri, who relinquished it in 1304 and the Sazawal gave it to Beni and