Judgment

SHARMA, J.:- This appeal is directed against the decree of the Madhya Pradesh High Court for eviction of the appellant from a house after holding him to be the respondents tenant. The appellant denied the title of the plaintiffs and their case that he has been in possession of the property as their tenant. The trial Court accepted the plaintiffs case and passed a decree in their favour, which was set aside on appeal by the first appellate Court. The decision was reversed by the High Court in second appeal by the impugned judgment.

2. Admittedly the house which was in the possession of the defendants father Misri Lal as a tenant belonged to one Smt. Raj Rani who sold the same on 11-8-1952 to the plaintiffs predecessor-in-interest, Navinchand Dalchand. In 1959 a suit for his eviction was filed by Navinchand, which was resisted on the ground that Smt. Raj Rani had earlier transferred the house to a trust and she, therefore, could not later convey any title to Navinchand. The trial Court rejected the defence and passed a decree against which Misri Lal filed an appeal. During the pendency of the appeal the parties resolved their dispute amicably. Misri Lal accepted the title of N