V. K. MEHROTRA, J.

( 1 ) THIS second appeal is by the defendants in a suit which has been decreed by the lower appellate Court for their ejectment from house No. A-6-115 in Mohalla Tarin Jalalnagar, shahjahanpur and also for recovery from them of mesne profit at the rate of Rs. 7/- per month for a period of three years for use and occupation thereof. The trial Court had decreed the suit for joint possession of the plaintiff over the house along with these appellants.

( 2 ) THE house belonged to Israr Hasan and Anwar Hasan who had 2/3 and 1/3rd share respectively in it. The former migrated to Pakistan and by an order dated August 17, 1950 (Ext-A-1) his 2/3rd share was declared to be evacuee interest under the Administration of evacuee Property Act, 1950. The case of the plaintiff is that Anwar Hasan also migrated to pakistan prior to May 7, 1954, and thus even his share in the property became evacuee interest. The case of the appellants however, is that he had not migrated to Pakistan by that time (May 7, 1954) so that his share in the house never became evacuee property. The house as a whole, it appears, was treated to be evacuee property and was put to auction as such by the Manag

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