JUDGMENT 1. This was a suit to recover possession of a holding of 25 bighas of land, on a declaration of the Plaintiff's title. Gopiram Paramanik, who was a raiyat with no transferable right, granted a permanent sub-lease to Pancharam Halder on the 25th May 1888. Subsequently Pancharam conveyed all his interest under the sub-lease to Johiruddin who then sub-let to the Plaintiff, The latter was dispossessed by the Defendant No. 1 who had purchased the right, title and interest of Gopiram in execution of a decree for rent obtained by a co-sharer landlord. Both the Courts below have found that the Plaintiff had no title on which to found this action, inasmuch as the sub-lease to Pancharam Halder was void under sec. 85 of the Bengal Tenancy Act, and consequently Pancharam's vendee who was Plaintiff's lessor had derived no title. 2. It is urged in second appeal that as Pancharam Halder was let in to possession under an amalnamah some time prior to the date of the permanent sub-lease, there was a subsisting tenancy which would enure for the benefit of subsequent assignees. In a case decided by us on the 22nd instant, being second appeal No. 1028 of 1900 (1), we held that an under-raiyat with a bond fide subsisting tenancy, whose permanent lease was void and could not be put in evidence, could effectually resist a suit in eviction brought against him as a trespasser and without service of notice prescribed by sec. 49 (6) of the Bengal Tenancy Act. But a Plaintiff in a suit for eviction is in a very different position from a Defendant resisting such an action. He cannot succeed except on proof of title, and mere prior possession will not suffice. Moreover we have not to consider what action Pancharam Halder might have been empowered to take if he had continued in possession until the ouster by the Defendant No. 1. The root of Plaintiff's title is the permanent sublease to Pancharam which was conveyed to Johiruddin. That being invalid, there remains no title in the Plaintiff upon which to found an action for eviction. The appeal accordingly fails, and will be dismissed with costs.