P. N. MOOKERJEE, J. :- This appeal is by the defendant No.1 and it arises out of a suit which was originally instituted for ejectment, mesne profits (damages or compensation for use and occupation) and compensation or damages for loss or injury, caused to the disputed premises

2. The claim was laid in the plaint at Rs.14997-8-0 and comprised the following items, namely, ejectment, valued at Rs.1410/- on the basis of the monthly rental of Rs.117-8-0, mesne profits or damages for use and occupation at Rs.587/-and the remaining item of compensation or damages for loss or injury, caused to the disputed premises at Rs.13,000/- The suit was filed on September 19, 1951, and it was decreed by the learned Subordinate Judge on June 26 1953. There were three defendants in the suit namely, defendant No.1 who was the immediate tenant under the plaintiff landlord, defendant No.2, who was a sub-tenant under defendant No.1 in respect of the entire disputed premises and defendant No.3, who was a sub-tenant under defendant No.2 in respect of a Portion or a part of the said premises. So far as the ejectment decree was concerned, the defendant No.3 moved this Court in appeal (F.A. No.232 of 19