JUDGMENT

Bajpai, J. - This is an appeal by the Defendant who was unsuccessful in the trial Court as well as in the lower appellate Court. The Plaintiff brought a suit against the Defendant for possession of a certain plot of land on which a kachcha house stands and for the recovery of Re. 1 as arrears of ground rent. A registered Kirayanama dated the 14th of September 1918, was produced by the Plaintiff.

2. The suit was contested by the Defendant on the allegation that he was given a permanent right of occupation in the disputed plot by the former zamindar and a large sum of money was spent by him in erecting the house upon it and the suit was, therefore, in any event barred by Section 60 of the Easements Act.

3. As I said before, a registered Kirayanama was filed in evidence. In this kirayanama signed by the Defendant it was agreed by him that he was taking the plot of land for the purpose of constructing a kachcha house on it and to live in it as a (sic) and it was further agreed that whenever the landlord wanted be could get the land vacated. Certain oral evidence was also tendered by the parties, as a result of which the kirayanama was formally proved and the fact that a rupee was