Mr. K. Kannan, J.: (Oral) - CM No.9928-C of 2015 in RSA No.4075 of 2015

For the reasons stated in the application, delay of 30 days in refiling the appeal is condoned.

Application stands disposed of.

Regular Second Appeal Nos.2636 and 4075 of 2015

1. Both the appeals are connected and are disposed of by a common order.

2. Both the appeals are against the decision of the appellate court allowing for the respective claimants to ejectment after partitioning their shares of 5/16 and 6/16 by a decree of partition and for the mesne profits determined at Rs. 600/- per annum from the date of termination of lease till getting possession. The judgment of the appellate court was in reversal of the finding of the trial court dismissing the plaintiff’s suit.

3. The plaintiffs’ contention was that the property belonged to 3 persons and entered as such in the revenue records, namely, Jaswanti, Sham Lal and Beni Parshad. The plaintiffs would contend that the property was granted in lease for a period of 50 years to the defendant’s father and they would disclose that a petition for ejectment had been filed before the Rent Controller by invoking the provisions of Haryana Rent Act. There had