NAWABZADA MOHD. LIAQAT AL1 KHAN, (SINCE DECEASED) AND AFTER HIS DEATH VILAYAT ALI KHAN AND OTHERS AND THE CUSTODIAN EVACUEE PROPERTIES, U.P. Vs. HAJI ABDUL GHANI,

JUDGEMENT

(1.) The (acts which give rise to this second appeal are as follows;

(2.) The deceased Appellant, who was Defendant No. 1 in the suit, was the owner and zamindar of some land in Khatauli town. The Appellant granted a lease to Ram Gopal, 'Respondent No. 3 in this appeal, which was to expire on 31st July 1948. Shortly before the expiry of the term of the lease in favour of Ram Gopal, the Appellant granted another lease of the same property in favour of Respondents 1 and 2 on 29th July 1947. On that very date, the Respondents paid Rs. 1,800/ - in advance as the first year's rent. Ram Gopal was in possession of some of the land and the rest of it was in possession of several sub tenants of Ram Gopal. After the period of Ram Gopal's lease expired, Respondents 1 and 2 asked for possession of the land. Neither Ram Gopal, nor his sub tenants handed over possession. Thereupon, Respondents Nos. 1 and 2 sent a registered notice to the Mukhtar -e -am of the Appellant requesting him to arrange for delivery of possession to them. Possession was, however, not delivered and so Respondents 1 and 2 brought the suit claiming to recover the sum of Rs. 1,800/ - which they had paid to the Appellant as the rent for one year in advance and a sum of Rs. 100/ - spent by them in getting the lease executed and registered. Respondents 1 and 2 had also claimed possession but they gave up that plea. That is why they had impleaded Ram Gopal.

(3.) The Appellant contested the suit on the ground that he had not undertaken to deliver possession to the Plaintiff -Respondents and that they could claim possession and sue Ram Gopal for the same. It was further pleaded that they could not claim a refund of the rent paid by them, nor were they entitled to a refund of the amount spent over the execution and registration of the lease.