( 1 ) THIS second appeal is by the plaintiff.

( 2 ) A very interesting point of law is raised in this case. A house, situate at khazanchi lane Sarafa Bazar Chowk, Bhopal, was owned by Alamdar Hussain and his family. In part of the house, Radhavallabh, the defendant No. 1, was a tenant. The whole of the house was sold in different lots to 8 persons. The plaintiff and the defendants 2 to 5 purchased in different lots the portion occupied by the defendant No. 1. Out of the portion let out to the defendant No. 1, the plaintiff had purchased the portion marked as No. 8 in the plaint map and more fully described in paragraph 1 of the plaint. The plaintiff desired to rebuild the house which is in a dilapidated condition and hence gave a quit notice to the defendant No. 1 and filed the suit for ejectment. The defendant had also not Paid the rent from the date of the transfer till the date of the suit. Hence a decree for proportionate rent was also claimed and the defendants Nos. 2 to 5 were added as parties to the suit because they had also claim over part of rent and were entitled to be heard on the question of apportionment of rent.

( 3 ) THE trial Court decreed the plain