RAMJI LAL Vs. LALA SHIB CHARAN DAS

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for ejectment brought by the plaintiff on the ground of denial of title by the defendants who ware alleged to be the plaintiff's tenants. Both the Courts below have decreed the claim. In order to appreciate the points which have been pressed before us in appeal it is necessary to give the previous history of the dispute between the parties.

(2.) In 1911 the present plaintiff institued a suit for ejectment against these defendants on the ground that they were tenants at will liable to be ejected at the wish of the plaintiff. This suit was contested by the defendants, who pleaded that under an old contract they had taken land from the plaintiff's predecessor on an agreement to pay a fixed rent of annas 2 per month without any right in the landlord to eject them. The Court of first intance decreed the claim holding that the defendants had failed to prove their permanent rights. On appeal the District Judge reversed the decree, but he was overruled by the High Court which remanded the case. This time the District Judge affirmed the decree of the first Court and his own decree was affirmed by the High Court in 1917. The result was that the plaintiff obtained a decree for ejectment of the defendants on payment of the price of the materials of the house in dispute.

(3.) In spite of having obtained a decree for ejectment the plaintiff failed to execute it within the time allowed by law and to obtain delivery of possession through the execution department. His remedy to execute the decree became barred in the middle of June 1920.