- (1.)This appeal arises out of a suit for rent. The plaintiff had acquired the landlord s right by purchase at a sale in execution of a mortgage-decree. He made the successors of the previous holder of the landlord s right, parties to the suit. The main question which was determined by the lower Courts was the question whether the plaintiff had obtained possession of the landlord s right or not. The suit was contested upon this ground both by the tenant and by the successors of the previous holder of the landlord s right. The first Court held that the plaintiff had failed to prove that ho obtained possession. The Court of first appeal set aside this decision, held that the plaintiff had obtained possession and decreed the suit. The successors of the previous owner of the landlord s right and the tenant both appeal to this Court.
(2.)An objection has been made by the respondent that no appeal lies.
(3.)The plaintiff s title was, however, assailed by the successors of the previous owner and there were conflicting claims which were decided by the Court below. An appeal, therefore, lies.