(1.) This second appeal has been filed by the Defendants against the judgment and decree of the Additional District Judge, Ludhiana dated 11th January, 1974.
(2.) Briefly the case of the Plaintiff was that he was the owner of the property and he leased out the same to Som Dutt Sharma, the husband of Defendant No. 1, son of Defendant No. 2 and father of Defendant Nos. 3 to 6 at the rate of Rs. 22/- per mensem. Som Dutt Sharma died on 15th May, 1970, leaving behind the Defendants at his heirs and legal representatives. It is alleged by him that the tenancy was not heritable and consequently they had become trespassers. He further averred that an amount of Rs 344/- was due from the Defendants as damages He, therefore, prayed for a decree for possession and recovery of Rs 344/- as damages. The suit was contested by the Defendants who pleaded that the tenancy was heritable and, therefore, they had become tenants under the Plaintiff.
(3.) The trial Court decreed the suit in favour of the Plaintiff in toto. The Defendants went up in appeal before the Additional District Judge, Ludhiana who affirmed the judgment and decree of the trial Court They have come up in second appeal to this Court.