GYANENDRA KUMAR, J. :- I have had the advantage of reading the judgment of Trivedi, J. It is not necessary to reiterate the facts of the case which are clearly contained in his judgment. However, it may be recollected that the trial Court had dismissed the suit in toto. But on appeal, it was decreed by the Civil Judge, who granted three reliefs to the plaintiff, viz. (a) ejectment of the defendant, Behari Lal (since deceased) from the premises in question, (b) recovery of Rs. 41/- as arrears of rent from 22-10-1958 to 14-12-1958 and (c) recovery of damages for use and occupation at the rate of Rs. 23/- per month from the date of termination of tenancy to the date of defendant's ejectment.

2. It cannot be doubted that so far as the decree for arrears of rent and damages for use and occupation is concerned, the present appellants (who are the personal heirs and legal representatives of the deceased defendant, Behari Lal) would be liable to pay the same to the extent of the assets inherited by them from the deceased. I, therefore, respectfully agree with the finding of my brother Trivedi that they were competent to file the instant second appeal in this Court.

3. I further agre