RAMESHWAR DAYAL Vs. BANDA DEAD

JUDGEMENT

(1.) Leave granted.

(2.) The appellant claimed to be the owner of 'gher' (property in dispute) in the town of Shameili and in that capacity, according to him, he had let out the property to one Habib as long ago as in 1966. He had filed suit g No. 591 of 1966 against Habib for recovery of rent and the suit was decreed. According to the appellant, Habib sublet the property to one Banda. In 1974, the appellant filed a suit for eviction of both Habib and the sub-tenant Banda in the court of Small Causes. This suit was decreed against both Habib and Banda.

(3.) Thereafter, Banda, filed an application for setting aside the said decree. His application was dismissed. The revision filed by him before theadditional District Judge was also dismissed on 26/09/1977. Thus, according to the appellant, the eviction decree against both Habib and Banda became final on that date.