A.P. Sen, J. - 1. This is an appeal by the plaintiff against a decree of the 2nd Additional District Judge, Raipur, affirming a decree of the 1st Civil Judge, Class I, Raipur.

2. The facts, briefly stated are: The suit relates to a portion of Khasra No. 257 which is the embankment of Kukri Talao, situate in Raipur. The plot has been in occupation of the defendant Bhondu since the time of his father Thansingh. The plaintiff served the defendant with a notice of ejectment demanding arrears of rent. The plaintiff claims that the defendant has been his tenant since 1954 on a monthly rent of Rs. 2 and sued for ejectment since the defendant has defaulted in payment of rent since 1st June 1958. The defendant denied the tenancy and claimed to have been in possession of the suit plot in his own right for the last 20 years. On these facts, both Courts have concurrently found that the relation of landlord and tenant has not been established, and hence non-suited the plaintiff.

3. Being faced with a pure question of fact, Shri N.S. Kale, learned counsel for the appellant assailed the decree on a rather ingenious ground, namely, the refusal by the first court to permit the plaintiff under