Kanakaraj, J.

.1. All the four appeals under Clause 15 of the Letters Patent arise out of a suit filed by

.the two respondents in the appeals, against the appellants and two others, who had remained ex parte in the proceedings, seeking delivery of possession of the suit property, arrears of rent from 1. 1975 to 312. 1976, damages for use and occupation from 1. 1977 to 24. 1977 and for payment of future damages at the rate of Rs.375 per month. In the suit, the appellant in L.P.A. No.36 of 1989 and L.P.A. No.37 of 1989 was the 5th defendant and the appellants in L.P.A. No.39 of 1989 and 40 of 1989 were defendants 1 and 2. Defendants 3 and 4, are said to be the sub tenants of defendants 1 and 2, and they remained ex parte through-out the proceedings. The suit was filed originally against the first four defendants only. On defendants 1 and 2 filing a written statement stating that it was the fifth defendant who is the legatee under a Will of the original lessee, that the plaintiffs/respondents 1 and 2 filed I.A.No.568 of 1978 to implead the fifth defendant as a party. We will refer to the parties by their rank and status as per the cause title in the suit.

.2. The plaint