ABDUL GANI AND ORS. Vs. DAVID JACOB COHEN

JUDGEMENT

(1.) This is an application for setting aside of the decree in the said suit, for annulment of the pending execution proceedings and for remitting the proceedings to the Controller for decision.

(2.) The applicants Shaik Abdul Ghani and Sheik Abdul Rahim became tenants in respect of a vacant plot of land in premises No.26/1A, Pollock Street, in or about Sept., 1948, at a monthly rent of Rs.500.

(3.) It is admitted now that since they became tenants they have erected structures on the said land for residential, manufacturing and/or business purposes. Mr. David Jacob Cohen, who is the landlord of this premises, caused a notice to quit the premises to be served upon the tenants on or about Jan. 13, 1950. The suit in which this application is made was instituted on or about Aug. 26, 1950, claiming possession and mesne profits. On Nov. 22, 1951, the suit was tried by me and I passed a decree for possession, mesne profits and costs. On Sept. 6, 1952, an order for delivery of possession was passed in execution proceedings. Possession, however, was not delivered to the landlord and the tenants continued to be in occupation of the plot of land.