Judgement

BHARGAVA, J.:- This appeal arises out of a suit for possession of a house which, at one time, used to belong to one Ram Lal. On 11th January, 1939, one Ram Das filed suit No. 354 of 1939 against Ram Lal in the Court of Judge, Small Causes, for recovery of a sum of Rs. 144. That suit was later transferred to the Court of the Munsif and an ex parte decree in that suit was passed an 27th March, 1939, after the Court held that Ram Lal had been sufficiently served. In execution of that decree, the house was sold and the sale certificate was issued on 21st January, 1941 in favour of Prabhu Dayal, the father of the appellant in this appeal. Formal delivery of possession was taken and the certificate of delivery of sale is dated 15th May, 1941. Admittedly, Ram Lal continued to live in the house even thereafter and on 19th September, 1945, be died leaving no heir. Ram Lal was a subject of the Maharaja of Jaipur and, on Ram Lal s death servants of the Maharaja took possession of the house on 20th September, 1945.

2. Thereupon, suit No. 552 of 1946 was filed by Prabhu Dayal, the father of the appellant, for possession of the home on 10th July, 1946. The suit was contested on the groun