JUDGMENT : This is a tenant's second appeal from the decree of the Civil Judge, Meerut, allowing the landlords' claim for arrears of rent at a rate higher than that allowed by the trial Court. The appellant Dr. Kundan Lal was a tenant of a shop of which Shamshad Ahmad and others were the landlords. It is common ground that a portion of the shop was demolished by the Municipal Board in September 1956 and the rest of it demolished in September 1958, with the result that between September 1956 and September 1958 the tenant was deprived of the use of a portion of the shop and after September 1958 totally deprived. It is also common ground that he did not exercise his option under S. 108(e) of Transfer of Property Act of treating the lease as void after the shop had been demolished.

2. The landlords filed a suit for the ejection of the appellant and for arrears of rent and claimed the rent also for the period when the shop had been partially and later totally demolished. The appellant resisted the suit for ejectment as well as arrears of rent and contended that no rent was due from him after the shop had been completely demolished by the Municipal Board. He also claimed a proportionate r

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