( 1 ) THE facts in this case are briefly as follows: The plaintiff-appellant Mannalal Serowgie and the joint family of which he is the karta, is the owner of premises No. 8, Banstollah Gully. It is a three-storeyed structure consisting of a number of rooms. On or about 1-7-1944 two persons, one Prasadilal since deceased and Chittarmal the second defendant-respondent, took a lease of the first and second floor of the said premises. The lease was for a period of three years at a rent of Rs. 230/- per month. The lease was to take effect from 14th of April, 1945 and it expired on or about 13th April, 1948. The case of the appellant is that upon the expiry of the lease, Prasadilal for self and as karta of a joint family consisting of himself, his brothers and their lineapdescendants, and the said Chittormal, became joint tenants in respect of the first, second and the third floor of the said premises. The tenancy was a monthly tenancy at a rental of Rs. 325/- per month. The evidence is that the rent was paid at all material times under the name and style of Prasadilal Chittarmal Jain. They in their turn inducted a number of subtenants. It is in evidence that the respondent No