JUDGMENT

Niamatullah, J. - This is a Letters Patent appeal from an order of remand passed by a learned single Judge of this Court in a second appeal from the decree of the Additional District Judge of Agra. The appellant in this Court was a defendant in the suit which has given rise to-this appeal. He was sued by the plaintiff, respondent in the Court of an Assistant Collector, First Class, for ejectment u/s 82, Agra Tenancy Act (3 of 1926) from a four bigha 18 biswa land situate in village Datoji, mahal Daya Kishan, district Agra. The plaintiff respondent is the proprietor and lambardar of the aforesaid mahal and alleged in his plaint that the defendant-appellant was an occupancy tenant of the land referred to and bad sublet his holding in contravention of the provisions of the Tenancy Act, which fact rendered him liable to ejectment. The defendant pleaded that he was not an occupancy tenant but a proprietor and therefore not liable to ejectment for the reason alleged by the plaintiff. The principal question in the case was whether the defendant was a proprietor as alleged by him. In proof of his allegation the defendant produced copies of three orders of Revenue Courts. One was pa