J W PETERS Vs. RAM NARAIN MEHROTRA

JUDGEMENT

(1.) This appeal arises out of an application for execution of a decree for ejectment. The appellant is admittedly a tenant of a house situated in Lucknow belonging to the respondents on a monthly rent of Rs. 69 but did not pay rent for a considerable length of time and on 23 April 1946, the respondent served notice upon him to vacate the house by Slat May 1946 and to pay arrears. The house was not vacated and the arrears were not paid. On 26 April 1946, the respondents filed a suit only for the arrears of rent. This suit was decreed on 17th May 1946 and the appellant was ordered to-pay the decreed arrears in instalments of Rs. 69 per mensem, the last instalment to be paid on 17 December 1946.

(2.) On 1 June 1946, the respondents filed another suit for the appellant's ejectment from the house and obtained a decree on. 24 September 1946. An appeal filed by the appellant from the decree in the ejectment suit was allowed on 8 January 1947, but on second appeal to this Court the decree of the trial Court was restored on 7 May 1947.

(3.) In the meanwhile the rent for the period commencing from 1 June 1946 to 31 October 1946, remained unpaid. The respondents, therefore, filed a third suit on 11 November 1946 Since the decree for ejectment had already been passed, this was a suit for damages for use and occupation. This suit was decreed on 28th November 1946. These decrees remained unsatisfied.