JUDGMENT : KNOX, J.:— The land in dispute in this second appeal was land which was held by one Araar Singh as tenant with right of occupancy. On the 8th of December, 1903, Amar Singh executed what is known as a zar-i-peshgi lease ill favour of the appellant, who happens also to be a co-sharer in the village. Before the lease came to an end, namely, on the 10th of February, 1904, Amar Singh died, and as he left no heirs, the tenancy came to an end. The present suit is brought by one of the co-sharers of the village, who is also lambardar and the suit is for the ejectment of the defendant-appellant, together with damages. The lower appellate Court found that the zar-i-peshgi lease was invalid under the new Rent Law, and holding that the defendant-appellant had no title except the title set up by him as tenant under the lease which was invalid, went on to say that he must be treated not as a tenant but as a trespasser. It went further still and held that the defendant-appellant had no right to ignore the respondent who was lambardar and to occupy the land without his permission, and it accordingly decided that the respondent's suit must prevail. In appeal before us the plea is taken that the appellant as a co-sharer in the village is entitled as co-sharer to cultivate the land in suit, being at the time vacant land, and cannot be ousted by another co-sharer. This plea is a good one. The appellant in his position as co-sharer is, under the circumstances, entitled to possession of the land in dispute. He is there at the present moment and his possession can in no way be treated as the possession of a trespasser. The respondent is not damaged. As lambardar, when he, if necessary, brings a suit for profits, he will be able to include the rent which the appellant should pay for this land as part of the profits. There is another plea relating to the zar-i-peshgi lease which the appellant has abandoned, as he claims his right in the field as co-sharer in the village. The appeal prevails, the decree of the lower appellate Court is set aside and the suit of respondent is dismissed with costs in all Courts.