JUDGMENT

Bennet, J. - This is a second appeal by a plaintiff whose suit for possession of a certain plot has been dismissed by both the lower Courts. As the second appeal raised some difficult questions of law it has been referred by a learned single Judge of this Court to a Bench of two Judges. The facts which were set forth in the plaint were as follows. A portion of plot No. 561 was sir land of which the plaintiff himself is the owner and zamindar and the remaining portion of the said plot was in the zamindari of other persons and was held by the plaintiff as tenant. Entries to this effect were made in the settlement of 1883 for Chamru Singh, the grandfather of the plaintiff. Between the years 1883 and 1885 Chamru Singh, grandfather of the plaintiff, got a guava grove planted on the said plot by Ramsaran Khatik, his subtenant, with his consent and permission. Ram Saran and his wife Mb. Sochani made a usufructuary mortgage by a deed of 7th March 1885 for the sum of Rs. 55 to Sheo Ram Lal, father of defendants. The written statement admitted that formerly guava trees stood on the land in question and that the mortgage deed in question had been executed as alleged. It has been prove