JUDGMENT : Blair, J.:— This appeal arises out of the following facts:— The plaintiff and others are zemindars, co-sharers of the village. The defendant-respondent was an occupancy tenant of an agricultural holding within the area of the village, and in that capacity exercised certain rights upon the plot of land in dispute. The plaintiff chose by legal means or otherwise to partition their joint holding, and under such partition the defendant's occupancy holding fell within the area of the other zemindar or zemindars. 2. The defendant continued the user of the plot in dispute, which his predecessors had been in the habit of exercising for some thing like fifty years. The plaintiff now claims to exclude him from such user because his agricultural holding does not He within the area which by partition became exclusively his. I note that in his plaint he never claims that the user by the defendants was that of a licensee and that such license had been withdrawn, I am left then simply face to face with this question, Can two landlords by effecting a partition between themselves of their co-parcenary holding injuriously affect the rights possessed by a tenant prior to the partition proceedings to which he was no party? I see no reason to differ from the Court below in that matter and dismiss the appeal with costs.