JUDGMENT :

STANLEY, J.

This is an appeal against a decree in a suit for ejectment brought under section 57 of Act II of 1901. The plaintiff, who is the zamindar of 20 biswas of land in mauza Singra in the district of Aligarh, gave a lease to the defendant of this land on the 5th of June, 1899. The defendant executed a Kabuliat, containing a number of provisions and, amongst others, a covenant for payment of the rent amounting to Rs. 7,050, half in the month of Kartik and half in the month of Baisakh, as also in the event of the revenue of the village being enhanced, enhanced rent to the extent of the increase in the revenue. He also agreed to plant 12 bighas Kham of land per plough with indigo and to transmit the indigo to the plaintiff every year and also to render in kind other produce. The Kabuliat further contained the provision that the lessee should not allow any tenant to acquire occupancy rights, and that on failure to observe this provision he should pay to the lessor Rs. 50 per plough as enhanced rent during the term of the lease. There was a further provision that if the lessee failed to comply with the conditions of the lease, the plaintiff should have the power to dispos