MD FAZIHZZAMAN Vs. ANWAR HUSAIN

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for ejectment of the defendant from a house and shops. A lease had been granted by plaintiff 1 Mt. Muhammadi Begam to the defendant for a period of ten years on 23 July 1917. Before the expiry of that period, namely, on 6 May 1927, she executed another lease in favour of Anwar Husain plaintiff 2, for a further period of ten years. The former lease was to expire on 22 July, 1927 and the second lease was to take effect from 1 August 1927.

(2.) The suit was originally filed jointly by Muhammadi Begam and Anwar Husain and it was for ejectment and mesne profits, Leter on Mt. Muhammadi Begam's name was transferred from the array of the plaintiffs to that of the defendants. The plaint however was not substantially amended. The Courts below have decreed the claim for possession and that decree has been affirmed by a learned Judge of this Court. The claim as regards mesne profits for the period prior to the lease in favour of Anwar Husain has been disallowed by the learned Judge.

(3.) The defendant has filed this appeal in Letters Patent and there is no cross- appeal on behalf of the plaintiff.