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Judgment
P.N. Mookerjee, J.—This appeal is by the Defendant and it arises out of suit for ejectment and mesne profits. The suit has been decreed by both the Courts below only for ejectment, the claim for mesne profits being disallowed. Against this decree for ejectment, the present second appeal has been filed by the Defendant Appellant.
The Plaintiff''s case was that the suit property was taken lease of by two persons, Mahadeblall and Monoharlall, sometime in the year 1932, for a period of 10 years, expiring in or about November 1942, at a rental of Rs. 45 per annum. Sometime after the expiration of the said lease the said tenants left and the present Defendant entered into (sic) of the disputed property as a trespasser in or about the year 1950. Hence the present suit.
The defence, in substance, was that the Plaintiff''s alleged tenants, Mahadeblall and Monoharlall, represented a Hindu joint family of which the Defendant was also a member and shortly before the expiration of the aforesaid lease in November 1942,