Stone, C J—I have had the advantage of reading the opinions of my colleagues. We are agreed as to the answer. That is to say I concur in the opinion that the answer to the question referred is in the negative. As there is disagreement as to reasons I consider it preferable to reserve my conclusions on the matters in difference until those matters are directly in issue. To do otherwise would, I feel, not be useful as the opinion expressed would be obiter merely. I have already as a member of a Division Bench in Daryaosingh v. Col Krisimarao Kukde,1939 AIR(Nag) 91 indicated that as regards absolute occupancy tenancies the tenancy is of a special kind--it is a tenancy which springs out of settlement and statute. Doubtless occupancy tenancies are more akin to the tenancies known to English law, but again there are manifest differences which I do not consider it necessary to review here for the reason above indicated. The case will now go back to the referring Judge for disposal in the light of the answer given to the question referred.

2. I have had the advantage of perusing the able and elaborate opinion delivered by my learned brother Bose J. His answer to the question referre