B VENKAYYA Vs. KSATEYYA

JUDGEMENT

(1.) THE District Munsif has found on the third issue that the appellants (defendants Nos. 2 and 3) had no occupancy rights and, although the Subordinate Judge has not recorded any express finding on this point, it is clear from his judgment that he regarded the relations in which the parties stood, as precluding any independent right of occupancy existing in these appellants. We think that Exhibits C and II show that the District Munsif s conclusion on this issue was correct. It was contended for the appellants that the (first respondent s) plaintiff s title having been determined before suit by expiry of his lease deed he was not entitled to obtain a decree of ejectment against the appellants, but we think that the expiration of his lease deed does not necessarily imply the expiration of his right of possession and as against parties who are in no better position than trespassers he is entitled to a decree; [vide Gibbins v. Buckland (1863) L.J., 32 Exch., 156 and Knight v. Clarke (1885) 15 Q.B.D., 294].

(2.) WE may add that the landlord, who is the first defendant, acquiesces in the plaintiff getting a decree and it has been shown that the appellants are not in a position to resist the landlord s right. This Second Appeal is dismissed with costs (one set).