JUDGMENT : Knox, J. The suit out of which this second appeal arises was brought by the plaintiff as landholder to eject the defendant, whom he asserted to be a tenant from year to year. The defendant pleaded that she had proprietary (malikana) rights in the land, that she was not the plaintiff's tenant and that she paid neither rent nor revenue. The Assistant Collector went into the question and found that the defendant and her predecessor in title had held the land free of rent. 2. He therefore dismissed the plaintiff's claim. The plaintiff appealed to the Judge, who refused to hear the appeal on the ground that he had no jurisdiction. In our opinion the defendant did raise a question of proprietary right in the land. This being so, a right of appeal to the District Judge is given by section 177, clause (e), of the North-Western Provinces Tenancy Act, 1901. We set aside the decree of the Court below and send the case back to that Court with directions to re-admit the case upon the file of pending appeals and dispose of it according to law. Costs here and hitherto will abide the event.