JANARDAN SAHAI, J.

( 1 ) THESE two writ petitions raise common question of fact and law and arise out of the same orders and as such are being disposed of by a common judgement.

( 2 ) ILLAHI Bux and Chotey Lal the plaintiffs of Original Suit No. 32 of 1950 were zamindars of the disputed land. They had executed a lease deed dated 24. 1. 1949 in favour of Ram Riksh Pal the first defendant and had also executed an agreement to sell on the same date in favour of his son the second defendant and had received an advance of Rs. 10,000/- -. Their suit for cancellation of the lease deed and for possession was decreed subject to the condition that the sum of Rs. 10,000/- received by the plaintiffs was refunded. Civil Appeal No. 533 of 1951 filed by the plaintiffs against the condition for refund of money and the cross objections by the defendants in that, appeal were dismissed on 27. 8. 1954. It appears that a sum of Rs. 3,000/- had been claimed by the plaintiffs for the damage done by the defendants to the leased land, and though it was held in the suit that the plaintiffs were entitled to damages for the loss, the amount was not adjusted against the amount to be refunded by the plaintiffs.

Click Here to Read the rest of this document