SHRIMAL, J.—This is the defendant-tenants second appeal arising out of a suit for ejectment, and damages for use and occupation.

2. Tersely put and shorn of unnecessary details the case set up by the plaintiffs in the plaint was that Daluram, father of appellant No.l and husband of appellant No 2 took on lease the premises described in para No. 2 of the plaint, situated in Alamsahar on payment of Rs. 2/- per annum as rent, and executed the rent note Ex 1, dated Sawan Sudi 12, S. 1989 in favour of the plaintiffs. After his death the appellants continued to remain in possession of those premises on the same terms and conditions except that the rate of rent was enhanced from Rs. 2/- per annum to Rs 1/-per month. In support of their contention the plaintiffs placed reliance on the admission Ex. 13 made by Daluram, predecessor in interest of the defendants wherein he admitted that he was the tenant of the plaintiff in the disputed premises on payment of yearly rent of Rs. 2/-, They also placed reliance on Ex 5, dated May 9, 1955 alleged to have been filed by the defendants in reply to an application under O. XXI, r. 53 C.P.C. made by the plaintiffs in case No. 170/1950. In paras 3, 4 and

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