JUDGMENT

Bhan, J.-Being aggrieved by the order of eviction passed by the trial court which was duly confirmed by the first appellate court, and later in the High Court the tenant/appellants (hereinafter referred to as the appellants ) have filed these appeals. The courts below have disposed of proceedings by a common order as the facts and the point of law involved in both the cases are the same. Both the appeals are being disposed of by a common order.

2. Shortly stated the facts are : House No. 2690 on City Survey No. 1900 of Buhsawal are the demised premises. One Mr. Mohammad Yahya was the owner. He let out the property to the appellants in the year 1946. After partition Mohammad Yahya migrated to Pakistan in the year 1947. He came to India in the year 1957 and collected the arrears of rent. For future he directed the tenants that the rent be paid to Fatimabi. Appellants accepted the arrangement and started paying the rent to Fatimabi. Municipal taxes which were required to be paid by the tenants were not paid in respect of the said house and a warrant of attachment was issued by the Municipal Council, Bhusawal. In execution of that warrant the house in dispute was ordered to be