JUDGMENT : KNOX, J.:— This second appeal arises out of a suit brought by three brothers, Deoki, Jageshar and Baldeo. The claim was to recover possession of an area of land on the ground that they are proprietors and owners of the same, and that they have been dispossessed in consequence of a decree of the Revenue Court, declaring them to be sub-tenants of the defendants. The court of first instance dismissed the suit. On appeal the lower appellate court decreed a greater part of the claim. One of the defendants comes here in second appeal. The first plea taken in appeal, which is based on section 201 of Act II of 1901, is without force. That section applies only to suits instituted under the provisions of Chapter XI of the Act. This suit was not instituted under those provisions. 2. In the second plea it is pleaded that the Rent Court having held that the respondents are shikmis of the appellant, the judgment of that court bars this suit on the principle of res judicata. We referred to the decision of the Rent Court and found that in respect of Jageshar and Baldeo, two of the plaintiff, so far from holding that they were sub-tenants of the present appellant it expressly decides that the relationship of land-holder and tenant does not exist between them. So far, therefore, as these plaintiffs are concerned, this plea is without force. The case is different as regards the first plaintiff Deoki. The Rent Court in his case held that he was a shikmi of the appellant and ordered his ejectment from the land in suit. 3. We have referred to the pleadings in the Rent Court. It was a suit instituted under section 58 of Act II of 1901 to eject the then defendants as tenants of the land. In answer to the suit the defendants pleaded that they were not tenants, but had proprietary rights in the land. On these pleadings it was open to the Revenue Court to have adopted one or other of the two courses laid down in section 199 of the Act. It might either have required the defendant to institute a suit in the Civil Court for the determination of the question of title raised or it might have proceeded itself to determine the question of title. It might either have required the defendant to institute a suit in the Civil Court for the determination of the question of title raised or it might have proceeded itself to determine the question of title. The Revenue Court adopted the latter course and determined that the then plaintiffs were the land-holders and the defendant Deoki their tenant. It was open to Deoki to have appealed against this decision to the District Judge. He did not do so and we have no hesitation in holding that this being so, the decree of the Revenue Court became final on the question of title, and so far as, Deoki is concerned, bars the present suit. 4. The third and last ground of appeal is to the effect that the lower appellate court has erred in inferring proprietorship from the long possession of the respondents. We are of opinion that this is a valid plea. The learned Subordinate Judge, when in his judgment he assumes that the plaintiffs were proprietors simply because they had been a long time in possession, drew an inference, which, having regard to the pleadings, was not warranted by law. It was admitted by the defendants to the suit that the plaintiffs had been in possession but as their subtenants and not as owners, and there is evidence on the record to the effect that they are shikmis. Under these circumstances possession was no proof of title. The real issue in the case has not been third by the lower court. We must, therefore, ask the lower appellate court to record a finding upon the following issue, viz., whether Jageshar and Baldeo are or are not proprietors of the land in dispute or of any part thereof? The court in trying the above issue will bear in mind that the burden of proof lies on Jageshar and Baldeo. It will record any additional evidence that may be necessary, and after recording the evidence, will remit the finding to this Court. Upon return, ten days will be allowed to parties to file objections.