AMAR SINGH Vs. HOSHIAR SINGH

JUDGEMENT

(1.) This is a defendant's appeal in a suit for ejectment and for Rs. 36 as arrears of rent for the period from 5.7.1945 to 5.1.1947 in respect of a house. The house originally belonged to the defendant, who, on 14-10-1941, sold it to the plaintiff. The plaintiff's case was that, having purchased the house from the defendant, he had let it out to the latter under a rent note dated 7-6-1942 at a monthly rent of Rs. 2 for a period of nine months. It may be mentioned here that no date as the date of commencement of the lease was mentioned in this document, and one of the questions to be considered is on what date would the tenancy be deemed to have commenced, that is, whether on the date of the execution of the rent note, namely, 7-6-1942, or on the following date ? The plaintiff's case was that the tenancy had commenced on 7.6.1942, while, according to the defendant, it had commenced on the following date.

(2.) Prior to the suit giving rise to this appeal another suit had been filed by the plaintiff against the defendant in 1945, both for ejectment and for arrears of rent. While the former relief was disallowed on the ground of the notice being invalid, the latter relief was granted. On 7-12-1946 the plaintiff sent a notice to the defendant, asking the latter to vacate the house by the night between 6 and 7-1-1947, and on the 11th January, he filed the suit giving rise to this appeal for the reliefs already mentioned.

(3.) The defence urged wag that the defendant was still the owner of the house, the sale deed relied upon by the plaintiff having been obtained by fraud and undue influence and that the notice sent by the plaintiff was bad, inasmuch as it was too short by one day.