BHARGAVA, J. :- This is a second appeal filed by the defendant-appellant against the judgment and decree of the lower appellate Court decreeing a suit for ejectment, arrears of rent and damages after setting aside the decree passed by the trial Court dismissing the suit.

2. The house, in respect of which the suit was filed and of which the defendant-appellant is a tenant, belongs to a waqf. The father of the plaintiff-respondent was the mutwalli of the waqf. On the death of the father, according to the plaintiff-respondent, he and his brother (Rafiqual Qadar) became mutwallis and used to manage the property. The appellant was admittedly the tenant of this house on a monthly rent of Rs. 4. There was a litigation in the year 1948 regarding the recovery of rent in respect of this house but it ended in favour of the appellant, the Court finding that no amount was due from the appellant as he had deposited all the rent due from him. Later, it appears that a suit under section 92 of the Code of Civil Procedure was filed by some of the beneficiaries of the waqf for the removal of Rafiqual Qadar from mutwalliship and for taking accounts from him. In 1957 that suit was decreed by th