JUDGMENT

Tudball, J. - This appeal arises out of a suit to recover possession of a house and Rs. 47-4-0 arrears of rent thereof for the period commencing from 17th October, 1904, and ending 17th January, 1907.

2. The facts are as follows: On April 17th, 1887, the plaintiff's father Bhopal Dass leased this house to one Jhargarh, brother of defendants Nos. 1 and 2, and father of defendant No. 3 for a fixed period of one year at a monthly rental of Rs. 1-12. After the expiry of the term of this lease the lessee continued to hold over without the express assent or dissent of the lessor. He paid no rent.

3. On the 18th February, 1895, the plaintiff brought a suit for rent against Jhargarh in the Small Cause Court for a period commencing from September, 1892, up to the date of the suit.

4. Jhargarh contested the suit on the ground that he had held adverse possession of the house for over 30 years and denied having executed the so-called kirayanama and having paid any rent.

5. The plaint was returned by the Small Cause Court for presentation to a proper Court on the ground that a question of proprietary title was involved. The plaintiff, however, did not prosecute the suit for reasons it is un