JUDGMENT

Daniels, J. - This is an application in revision against a decree of the Small Cause Court, Cawnpore, dismissing a suit for rent of a shop. It appears that the ownership of the shop is in dispute between the plaintiff Moti Lal and one Kanhaiya Lal. The plaintiff gave a lease to the defendant, who entered into occupation of the shop. Shortly afterwards the defendant was ejected by Kanhaiya Lal. The learned Judge of the Small Cause Court has dismissed the suit holding (1) that the prima facie title to the shop is in Kanhaiya Lal, and (2) that the plaintiff failed to secure to the defendant possession over the property. By the second finding the learned Judge evidently means to find that there has been a breach of the covenant implied by Section 108(a)(c) of the Transfer of Property Act, for he finds earlier in the judgment that the defendant was ejected after entering inte occupation of the property.

2. As to the first of these findings, the applicant rightly objects that u/s 116 of the Evidence Act it was not open to the defendant to deny the plaintiff's title. It is not clear, however, that the second finding is wrong. If the plaintiff knowing that he had no title, gave the