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According to the appellants, this 'acceptance of the rent made them tenants under the respondent.

The learned Sub Judge went into these facts and came to the conclusion that the appellants had not made out a prima facie case. According to the learned Sub-Judge, even if the payment had been received, as alleged by the appellants, then it would not mean that the landlord accepted the occupiers of the premises as his tenants. Following Hemant Kumar v. Ayodhya Prasad(1) and Abdul Hamid Khan v. Tridip Kumar Chandra(2) he held that the appellants were sub- tenants, and that the liability to be ejected in execution of a valid order could not be said to be an "injury" within O. XXXIX r. 2. The Trial Court thought that the appellants could have other efficacious remedies to obstruct possession under the provisions of Civil Procedure Code. According to the Trial Court, however, unless the ejectment order was set aside its execution could not be an "injury" as contemplated by law.