PYARELAL Vs. SUGANCHAND

JUDGEMENT

(1.) THIS is defendants' second appeal from a decree for possession of a house passed against them. The plaintiff alleged that by a registered sale -deed dated November 17, 1906, the suit house was purchased by the plaintiff's father, Moolchand; that it was let out to one Bajranglal on January 4, 1933; that subsequently Bajranglal introduced Dhannalal, defendant No. 1 as his sub -tenant; that they continued to pay rent until 1947; that a suit for ejectment was instituted against Bajranglal and Dhannalal, but it was dismissed as regards ejectment; that in that suit Dhannalal denied the plaintiff's title and claimed his own. In the present suit he claimed a declaration of his title and prayed for possession on that basis. Dhannalal's sons were also joined as defendants. Dhannalal died during the pendency of the suit. The sons are appellants here.

(2.) THE suit was resisted by the defendants, denying the plaintiff's title They alleged that they had always denied the plaintiff's title and that they were in possession of the house in their own right; bar of limitation and of res judicata were also pleaded.

(3.)