Wanchoo, C.J.—This is an appeal by Ramchandra against the judgment and decree of the Additional Civil Judge, Jodhpur.

2. Ramchandra was the plaintiff and had sued Pannalal defendant respondent for possession of premises No. 479A on Sardar-pura Road, Jodhpur. He also prayed for a decree for Rs. 1,661/- as arrears of rent, and Rs. 1,150/- as damages for the use of a garage certain rooms over the garage and a compound behind it. He further prayed for damages for use and occupation at the rate of Rs. 130/- per month from the date of the suit until possession.

3. The suit was heard by the Additional Civil Judge, and was valued in all at Rs.3,507/-in the trial court. The Additional Civil Judge dismissed the Suit: so far as ejectment was concerned, but granted a decree to the plaintiff for Rs. 343/8/-only up to the end of June, 1951. This judgment was delivered on the 24th of July 1951.

4. The plaintiff went in appeal to the District Judge on the 17th September, 1951 He valuation was arrived at Rs. 6,6l0/-in all. This valuation was arrived at after totalling the valuation for ejectment, for damages for the use of the garage, and for the amount which the trial court had not decreed with respe

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