SATISH CHANDRA, J.:- Gajadhar Khatik was the occupancy tenant of the plots in dispute. In or about the year 1923 be mortgaged them in favour of the respondents second set. Gajadhar died, and the tenancy was inherited by his son Moti. In 1944 a tripartite agreement was entered into among Moti, the Maharaja of Benaras, who was the zamindar, and the appellant. As a result, two documents were executed. One was dated 4th September, 1944, whereunder Moti surrendered his occupancy tenancy holdings in favour of the Maharaja of Banaras, zamindar, on payment of Rs. 6,000 as consideration. This amount was paid by the appellants as consideration for being granted a lease of the plots by the zamindar. On 20th February, 1945, the Maharaja of Banaras executed a registered deed of lease letting out the plots to the Appellants on a premium of Rs. 6,000. Out of the sum of Rs. 6,000, a sum of Rs. 3,300 was retained by the appellants for payment to the mortgagees, namely, respondents second set, and the balance of Rs. 2,700 was paid in cash to Moti Khatik.

2. On 10th April, 1945, the appellants, namely, the new lessees, filed a suit for declaration and possession under Section 50/180 of the U