( 1 ) THIS is a plaintiffs second appeal. The plaintiffs are Lala Janardan Swamp, his two sons ramcs Chand and Suresh Chand, and his wife Smt. Raj Kishori Dev. Plaintiff No. 1 has been separate from the other plaintiffs, and there has been a partition between them. Plaintiff No. 1 is the owner of a half share, and the other plaintiffs are the owners. of the remaining half share of certain premises in Muzaffarnagar known as the "royal Talkies". The building together with its fittings and ceiling fans had been leased to Sarjoo Prasad who was the father of defendants Nos. 1 and 2 and the husband of defendant No. 3 who are respondents before us. Sarjoo Prasad died some time in 1949 and the defendants have since then continued in occupation as tenants. It is common ground that the defendants caused material alterations in the building and. substantially damaged the same without the consent of the plaintiffs. The plaintiffs were therefore driven to the necessity of instituting suit No. 268 of 1950 against them in the court of the Munsif of muzaffarnagar, in which the prayer originally was that the defendants should be restrained by an injunction from making any alterations