JUDGMENT : CHAMIER, J.:— This appeal arises out of a suit brought by the respondent for a declaration that he is the owner of certain land and that the appellants have no right to receive rent from him therefore. The suit was instituted in consequence of an adverse decision by a Collector of the 2nd Class in a suit brought by the appellants against the respondent for the rent of this land. It has been finally decided in the other suit that the present appellants are not entitled to receive rent for the land from the respondent. But in our opinion it was not competent to a civil Court to make a declaration that the respondent who has failed to prove that he is the proprietor of the land is entitled to hold it rent free. 2. The suit as brought was not maintainable in the civil Court on the finding that the respondent had failed to prove his title. We think that the suit should have been dismissed. We therefore, allow this appeal set aside the decree of the Court below and dismiss the suit with costs in both Courts.