Judgment

BHARGAVA J.: - The predecessors-in-interest of plaintiff-respondents 1 to 3 gave, in 1895, land, bearing Serial Nos.503 and 506 of Asarva within the limits of Ahmedabad Municipal Corporation, on lease for a period of 49 years at an annual rent of Rs. 199/-, to three persons, Sha Ramchandra Ambaram, Pardesi Sukhlal Anandram and Mehta Bogha Mugatram. These original lessees, during the currency of the lease, made transfers of their rights and also granted sub-leases. A number of Chawls and some other buildings were constructed on the land and some of them were let out on rent. In 1945, the lessors, after serving notice on the occupants to give vacant possession, filed a suit for recovery of possession. The suit was decreed on 8th July, 1946 on the basis of a consent decree as against some of the occupants including the four defendant-appellants. In the agreement, on the basis of which the decree was passed, it was agreed that the defendant-appellants will continue in possession of the property for a period of five years and will hand over possession after the expiry of this period of five years. For this period, they undertook to pay mesne profits every month at various rates