INDRALOKE STUDIO LTD. Vs. SANTI DEBI

JUDGEMENT

(1.) THE suit, out of which this appeal arises, was a suit for ejectment and mesne profits. It was instituted on 19 -6 -1951, and decreed by the trial Court on 31 -5 -1956. Against that decree, the present appeal was filed on 24 -8 -1956.

(2.) IN the suit, which was filed by the predecessor of the present respondent No. 1, there were three defendants, of whom, the appellant Indroloke Studio Ltd., was defendant No, 3 and the present respondents Nos. 3 and 4 were respectively defendants Nos. 1 and 2. The original plaintiff Kanhyalal Kanodia, husband of the present respondent No. 1, Santi Devi, and father of the minor respondent No. 2, Chandra Kumar Kanodia, died during the pendency of the suit in the trial Court, and, in his place, the said respondents Nos. 1 and 2 were substituted as the plaintiffs. The suit, as we have said above, was eventually decreed, and, against that decree, the defendant No. 3 has come up in appeal.

(3.) TO turn to the relevant details, the plaintiff's case, as made in the plaint, was as follows :