Judgment

HIDAYATHULLAH, J. : This is an appeal against the judgment and decree of the High Court of Allahabad with a certificate granted by the High Court under Art. 133(1) (b) of the Constitution. The High Court, reversing the decision of the trail Court, decreed the present suit for ejectment against the appellants, and also awarded damages to the plaintiff-respondent at the rate of Rs. 593-12-0 per month. The suit was filed by the respondent, Babu Dwarka Prasad, against the appellants, Central Talkies Ltd., Kanpur and Lala Ram Narain Garg, the Managing Director of the Company.

2. The facts, briefly stated, are as follows; Dwarka Prasad was the sole owner of a plot of land No. 73/22 (old No. 73/28) situated in Collectorgunj, Kanpur. In 1933, an agreement of lease was executed by five persons in favour of Lala Rameshwardas, the predecessor-in-title of Babu Dwarka Prasad, by which the five lessees took over on lease a hall and other constructions, which lessor agreed to build at a cost of Rs. 16,000 within four months. It was agreed that, if the lessor was required to spend an amount in excess of Rs. 16,000, he would be entitled to interest at the rate of 12 annas per cent per month