B. Manmohan Lal And Ors. vs B. Raj Kumar Lal And Ors. on 31 October, 1945
4. Aggrieved by this decision, the plaintiff appealed to the lower appellate Court. The lower appellate Court, following a decision of this Court in Makhan Lal v. Shankar Lal, 1945 A. W. R. (H. C.) 29, held that the Munsif should not have passed a conditional decree, but that the matter, whether the defendant could be actually ejected in execution of the decree, should be considered at the time when the application for execution was made. The learned Judge found, that no arrears of rent were due, and that the plaintiff had failed to prove that the defendant had caused any damage to the premises, and granted an unconditional decree for the ejectment of the defendant. A decree for mesne profits was also granted at the rate of Rs. 385 per month. The defendant has come up in second appeal to this Court against this decree of the lower appellate Court.