JUDGMENT

Niamatullah, J. - The plaintiffs shared in the cultivation of the occupancy tenancy of one Gulzari during his life-time. On the death of Gulzari his widow had a life-interest in the tenancy under the terras of Section 24, Agra Tenancy Act. She brought a suit for partition of the holding impleading the plaintiffs, and as a result of that suit the holding was divided and a portion remained in the cultivation of the widow, who subsequently associated with herself in cultivation other persons who are defendants 2 to 4 in this suit. The landlord agreed to this arrangement. The plaintiffs have now brought a suit for a declaration that on the widow's death defendants 2 to 4 will have no rights in the tenancy as against themselves, the plaintiffs, who shared in the cultivation of the last male-holder. The suit was decreed by the Munsif, but his decision has been reversed in appeal by the District Judge. The District Judge was of the opinion that the division of the holding created a new tenancy, and the plaintiffs' rights not having been maintained at the time of the partition have now been lost to them. In argument in defence of this judgment we have been referred to Section 121,