Jagdish Sahai, J. - (1.) THIS is a Defendants' second appeal which arises out of suit No. 85 of 1955 of the Court of Munsif, Faizabad (hereinafter referred to as the suit). The Respondents Smt. Kamla Narain, Smt. Madhu Saigal and Sumer Mal filed the suit for the recovery of Rs. 224/ - as arrears of rent and damages for use and occupation of house No. 820 situated in mohalla Khuwaspura in the City of Faizabad against Bahraichi, the father of Budhoo and Sannoo, the Appellants. Bahraichi died during the pendency of the suit and on his death the present Appellants were impleaded as Defendants. The relief included a prayer for the decree for a sum of money as damages for use and occupation pendente lite and future.
(2.) THE learned Munsif framed the following two issues on the basis of the pleadings of the parties: (1) Whether the Plaintiff duly served notice of demand and the notice Under Section 106, T.P. Act? If so are they legal and valid? (2) Plaintiffs' relief , if any? On 2 -2 -1966 the learned Munsif decreed the suit in part by passing a decree, only for the recovery of Rs. 224/ - as arrears of rent. He dismissed the suit with regard to other reliefs and directed the parties to bear their own costs.
(3.) DISSATISFIED with the decree of the learned Munsif the Plaintiffs appealed to the learned District Judge, Faizabad, who transferred the appeal to Sri J.N. Bansal, Additional Civil Judge for hearing. On 17 -5 -1966 Sri Bansal allowed the appeal, modified the decree passed by the learned Munsif, by decreeing the suit for ejectment of the Defendants from the house in dispute. He also awarded costs to the Plaintiffs of his own court as also that of the learned Munsif. He decreed the suit also for pendente lite and future damages for use and occupation of the house, at the rate of Rs. 20/ - per month on the condition that the Plaintiffs paid the necessary court fee in respect of this item in the execution court before executing the decree.;