( 1 ) HAFIZ Zahir-ud-din, Haji Mohamed Hasham and Mst. Khatun Mahshar instituted a suit against nine defendants, including Shri Krishan Gopal (defendant No. 6 and appellant in this Court) for the recovery of a sum of Rs 433 50 and ejectment of defendants Nos. 1 to 6 from a plot of land. The grounds on which the suit was baled were that Shri Nand Lal deceased, husband of defendant No. 1 and father of defendants Nos. 2 to 6 had taken the vacant plot of land en lease from the plaintiffs and defendants Nos 7 to 9 and had also executed a rent note in their favour. The lease was taken from Mohamed Hasham, plaintiff No. 2, for a cycle-stand and rent was being paid to Mohamed Hasham in his capacity as the Manager on behalf of all the landlords. Shri Nand Lal died in March, 1959, learing behind defendants Nos. 1 to 6 as his legal heirs and representatives After Nand Lal s death, Krishan Gopal was running the cycle-stand and paid rent to Mohamed Hasham under the terms of the rent-deed at the rate of Rs. 25. 50 per mensem, and indeed paid the rent till 31st December, 1960. As a result of private partition of the said land between the owners in February, 1958, a part of the suit