NARAYAN RAMCHAND Vs. GOKULDAS BHOLADAS

JUDGEMENT

(1.) THIS is an appeal by the defendants to set aside the decree dated 31-10-1939 passed by the District Court, Nimar, in civil Appeal No. 5B of 1939. The appeal arises out of a suit for damages by the lessee for breach of the covenant for quiet enjoyment against the sons of the lessor.

(2.) IN order to understand the points involved in this appeal it is necessary to set out briefly a few relevant facts.

(3.) NAONITDAS and Brijlal filed civil Suit No. 191 of 1931 in the Court of the Sub-Judge, 2nd Class, Burhanpur, for possession of the field. The defendants in the case were Gokuldas and Ramchandra. The title of the plaintiffs in that suit was based on the following facts: