Kanhaiya Lal, J.:— The question for consideration in this suit was whether the plaintiff was the proprietor of the plots in dispute. The defendants claimed to hold the same as occupancy tenants and alleged that I the plaintiff was in cultivatory possession thereof as a sub-tenant on their ???.
2. ??? stablish that he was ??? the lands in suit.
3. Both the parties are admittedly co-sharers in the village by virtute of their purchase of certain fractional shares but the plots in suit were held from before those purchases by Dwarka, the father of the defendants as a tenant from as far back as 30 years. The purchase by the defendants of a fractional share in the village did not terminate their tenancy of the said plots, in succession to Dwarka any more than the purchase of a fractional share by the plaintiff gave him a right to oust the defendants from that tenancy. They are co-sharers in the village and the plaintiff may have a right to sue for partition in which the proprietary right to the soil of the plots in dispute may be allocated to one party or another; but the tenancy itself would not be affected by that partition and would form a distinct entity by itself. The Courts below were therefore, right in holding that the plaintiff did not occupy the disputed plots as proprietor notwithstanding his co-sharer-ship in village. The appeal fails and is dismissed with costs.
4. Appeal dismissed.
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