JUDGMENT : 1. The plaintiff sued to eject the defendants as his tenants on the allegation that the plaintiff is a transferee of one Mohammad Sadiq. Mohammad Sadiq had leased the premises to Rajjab for one year in 1865. On the expiry of the year Rajjab held over and it is found that his heir Musammat Gujar has been in possession ever since the death of her father and that they have held the premises between them since 1866. 2. Both the courts below have dismissed the suit as barred by limitation, and, it seems to us, rightly. 3. While it is quite true that a tenant who holds over cannot set up an adverse title to the landlord, nevertheless it seems to us that Article 139 of the first Schedule of the Indian Limitation Act provides that the landlord can only recover possession if he sues within 12 years. In this case it is quite obvious that Mohammad Sadiq could not have ejected the defendants after 1878, He could not give his transferee a better title than he himself had. 4. The result is that the appeal fails and is dismissed with costs, including in this court fees on the higher scale.