S. P. BHARGAVA, J.

( 1 ) THIS is defendant's second appeal arising out of a suit for ejectment and recovery of damages for use and occupation and future mesne profits. The appellant was impleaded as second defendant in the suit.

( 2 ) THE suit was originally instituted by the Bank of Nagpur, Ltd. It was substituted by the Bank of Maharashtra, Durg Branch, Durg, as plaintiff as a result of the amalgamation of the original plaintiff with the Bank of Maharashtra, Ltd.

( 3 ) THE first defendant in the suit was a partnership firm 'chunnilal Champalal kothari Durg'. The original partners of this firm were two brothers, Champalal and manaklal. On the death of Manaklal, the firm was reconstituted. Thereafter, the partners of the firm were Champalal and Jawaharlal son of Manaklal.

( 4 ) ADMITTEDLY, the suit house belonged to one Devi Prasad who was the owner of the shop Chandmal Balaram, The defendant No. 1 was the tenant of the whole house consisting of the ground floor and the upper storey up to the end of July 1955. The plaintiff alleged that from 1st August 1955, the defendant no. 1 continued in occupation of the ground floor only having vacated the first floor. At that time, the first

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