( 1 ) THIS is a plaintiffs appeal arising out of a suit for possession and for recovery of damages in respect of house property described in the plaint. The appeal came before us on reference by a learned Single Judge.

( 2 ) THE plaintiffs case was that one Ram Das filed suit No. 354 of 1939 against one Ram Lal for recovery of money. The suit was decreed ex parte and in due course a 3/4th share in the house in question was sold and purchased by the plaintiff-appellant on 21-1-1941. On 15-5-1941 there was Dakhaldihani by which possession was obtained by the plaintiff-appellant. Despite, however, the purchase and possession by the plaintiff-appellant of the property in question Ram lal, Judgment-debtor was allowed to remain in the house. On 19-9-1945 Ram Lal died, whereupon it is alleged that respondent No. 1, His Highness the Maharaja of Jaipur took forcible possession of the house and granted a lease in respect of the same in favour of Tulsi Ram, defendant-respondent No. 2 in the appeal. Accordingly the present suit was instituted by the plaintiff-appellant on 21-1-1946.

( 3 ) A variety of defences were taken on behalf of the defendants-respondents to the suit. On