( 1 ) THIS is an application for direction to the defendantsto pay rent/damages for use and occupation of the premises, which was let out bythe plaintiff, H. U. F. to defendant No. 1.

( 2 ) IN the suit the plaintiff has alleged that the premises in dispute were let outto defendant No. l and that defendant no. 4 who is its Managing Director anddefendants 2 and 3, who are the Directors of defendant No. l had guaranteed thepayment of rent. It is further stated that at the time of institution of the suit theagreed rate of rent was Rs. 35000. 00 per month. Plaintiff has alleged that thedefendants had not been paying any rent.

( 3 ) THE position taken up by the defendants is that though defendant No. 1was the tenant initially, but subsequently at the time of renewal of the lease deedthe tenancy was transferred to defendants 3 and 4 and that defendant No. 1 is not liable to pay rent for the premises in dispute. The case of defendant No. 2 is also thatinitially the premises were let out to defendant No. 1 which was later on transferredto the name of defendants 3 and 4 who are the Director and Managing Directorrespectively of the company. The fact that defendants 3 and 4 wer