1. This is an appeal by the defendants to set aside the decree dated 31-10-1939 passed by the District Court, Nimar, in civil Appeal No. 5B of 1939. The appeal arises out of a suit for damages by the lessee for breach of the covenant for quiet enjoyment against the sons of the lessor.

2. In order to understand the points involved in this appeal it is necessary to set out briefly a few relevant facts.

3. Narayan, son of Rupchand, was an occupancy tenant of plot 58, area 11.88 acres, rental Rs. 39 in mauza Mahalgurada, tahsil Burhanpur, district Nimar. He surrendered this plot in favour of the lambardar Ramchandra, father of the defendants, for Rs. 1950 under a surrender deed dated 27-5-1929. The lambardar leased out the plot to the plaintiff, Gokuldas, on 28-5-1929, for Rs. 1960 under a lease deed dated 28-5-1929. The surrender deed and the lease deed were registered on the same date, viz., 28-5-1929.

4. Naonitdas and Brijlal filed civil Suit No. 191 of 1931 in the Court of the Sub-Judge, 2nd Class, Burhanpur, for possession of the field. The defendants in the case were Gokuldas and Ramchandra. The title of the plaintiffs in that suit was based on the following facts:

5. Narayan