JUDGMENT :- This second appeal of the decree-holder arises out of an execution proceeding taken for delivery of possession by eviction of the judgment-debtor from a Cinema building known as Chitra Talkies in the city of Haradwar. In order to appreciate the controversy arising in this appeal it is necessary to refer to certain facts.

The decree-holder M/s. Chitra Talkies (Buildings) is a registered partnership. Its original partners were Mahant Shankaranand having 5/16 share, Achroo Ram 3/16 share, D. P. Chopra 5/32 share, B. L. Chopra 5/32 share and Sansar Chand Goel 3/16 share. Durgadas Mehta, the judgment-debtor, took on lease the Chitra Talkies buildings from the decree-holder at a monthly rent of Rs. 1150/- for exhibiting films. It appears that he fell into arrears. The Chitra Talkies (Buildings) through Sansar Chand Gohal then filed a suit against Durgadas Mehta, the tenant, for recovery of arrears of rent, damages and for his eviction having terminated the tenancy by a notice. This suit was registered as Suit No. 60 of 1959 in the Court of Civil Judge of Rookie. The suit was contested by Durgadas Mehta but was decreed on 29-9-1961. Durgadas Mehta filed an appeal in th