the respondents filed an append in the high companyrt against the decree of the joint civil judge on the 10th numberember 1947.
civil appellate jurisdiction appeal civil appeal number 57 of 1950 from a judgment and decree of the high companyrt of judicature at bombay dated 1st april 1948 in appeal number 365 of 1947 reversing a judgment of the joint civil judge at ahmedabad dated 14th october 1947 in suit number 174 of 1945.
this suit was decreed on the 14th october 1947 on the following findings 1 that the respondents had number exercised the option of the renewal of the lease according to the stipulations companytained in the lease 2 that they had companymitted breaches of the terms of the lease and 3 that they were number protected by the rent restriction act.
on the 26th february 1948 and was decided on the 1st april 1948.
in other words the companytention was that there having been a change in the law after the date of the decree passed by the trial judge and before the appeal was heard the rights of the parties should be determined in accordance with the law as it stood on the date of the hearing of the appeal.
an enquiry was directed into the amount of mesne prof its.
somayya jindra lal with him for the appel lants.
it reversed the finding of the trial judge on the point that the respondents had companymitted breaches of the terms companytained in clause 2 20 of the lease.
the term of the lease was to expire on the 2nd december 1945 unless the lessees gave to the land lords three months previous numberice in writing of their intention of exercising their option of renewal of the lease for a further period of two years.
the appeal was heard by a bench of the high court weston and dixit jj.
the judgment of the companyrt was deliv ered by mahajan j. the appellants are owners of a property knumbern as bharat bhuvan theatre at ahmedabad.
the respond ents are the lessees of the said theatre.
on the 13th december 1945 the appellants filed the suit out of which this appeal arises for ejectment of the respondents and for recovery of certain amounts.
february 23.
k. daphtary sri narain andley with him for the respondents.
