Deo, J—This judgment will also govern Second Appeal No. 18 of 1951. Second Appeal No. 17 of 1951 arises out of civil suit No. 127-A of 1946 for possession of survey No. 8 and Second Appeal No. 18 of 1951 arises out of civil suit No. 125-A of 1946 for possession of survey Nos. 2 and 6 of mouza Malvihir, taluq Chikhli, district Buldana.

2. The Plaintiff-Respondent who is a Jagirdar of the village sued the Defendant tenant for ejectment on the ground that he was an annual tenant of these fields. The suit was instituted on the 4th May 1946 after giving notices determining the leases. According to the Plaintiff, the Defendant's grandfather was holding survey No. 8 under a lease dated the 5th December 1905 and survey Nos. 2 and 6 under a lease dated the 5th June 1901. As the lands were held under two separate leases, two suits were instituted. The leases were not executed by the lessor in favour of the lessee, but the tenant executed kabuliyats. Exhibit P-3 (in Civil suit No. 127-A of 1946) is the kabuliyat dated the 5th June 1901. It provides that the lessee will put the lessor in possession whenever the latter demands it and that in case the lessor desires to surrender the holdi