JUDGMENT : KNOX, J.:— Muhammad Abul Hasan Khan, lambardar of mauza Mangranli, brought a suit for the ejectment of Bhura and Johri from certain land scheduled in the plaint. His allegation was that they were non-occupancy tenants of the said land and refused to relinquish it. The defence filed was to the effect that the respondents were tenants with right of occupancy in the land, the subject-matter of this suit; further, that they were zamindars of the land in dispute and that a suit for ejectment would not, in consequence, lie. The Court of first instance decreed the claim. The lower appellate Court in a judgment, somewhat perfunctory and difficult to understand, held that although the respondents at the commencement of their tenancy were tenants holding from the zamindars of mauza Mangrauli, they had subsequently redeemed a mortgage on their property which they had effected and had thus regained their possession as proprietors in the village and were no longer tenants and could not be ejected as tenants. The view taken by the learned Judge is incorrect. The respondents entered upon the land in dispute as tenants and until they give up possession of their tenancy, they are liable to all the incidents of such tenancy. The mere fact that during the time of occupancy they recovered or acquired in some way a share in the proprietorship of the village, makes no change in their status so far as the holding is concerned of which they are tenants. This was laid down by a Bench of this Court in second appeal No. 739 of 1889, decided on the 7th of December, 1891, viz., Fakhariiddin Khan v. Bhogi Tewari. The appeal is decreed. The decree of the lower appellate Court is set aside and that of the. Court of first instance restored with costs including, in this Court, fees on the higher scale.