JUDGMENT

W. Broome, J. - This second appeal arises out of a suit filed by the Plaintiff-Appellant on 16-3-1960 under Order XXI, Rule 103 CPC for the ejectment of the Defendant-Respondent Girdhari Lal from a certain shop in paltan Bazar in the town of Dehra Dun. The suit was dismissed by the Additional Civil Judge of Dehra Dun on 24-9-1962 and the appeal filed by the Plaintiff was likewise dismissed by the District Judge of Saharanpur on 15-3-1963.

2. The facts leading up to the suit are as follows. The Plaintiff-Appellant, Mahant Suryanand Giri, is the Manager of the Maha Nirvani Panchaiti Akhara of Allahabad, which owns certain immovable properties in Dehra Dun, including two shops in paltan Bazar, which were previously let out to Niranjan Singh and Jiwan Singh. These tenants fell into arrears with their rent and the Plaintiff consequently sued for their ejectment and secured a decree against them from the Munsif of Dehra Dun on 30-3-1957. The decree was put into execution, but when the Plaintiff went to take possession of the shops he found that a certain Fakir Singh was in possession of one of the shops, in respect of which he had obtained an allotment order in August 1956. Posses