SM MANA DEVI Vs. MALKI RAM

JUDGEMENT

(1.) This is a decree-holder's appeal and arises in the following circumstances.

(2.) The plaintiff decree-holder filed a suit for ejectment of defendant No. 1 Malki Ram and defendant No. 2 Dr. Manohar Lal Garg and for recovery of Rs. 260/- as arrears of rent from Malki Ram. The plaintiff's case was that she had let out the house in suit to Malki Ram alone on a rent of Rs. 13/- per month but he without any right let it out to Dr. Garg and in spite of notice to quit neither of the two defendants vacated the house in suit.

(3.) Malki Ram did not contest the suit. The suit was contested only by Dr. Garg. His case was that he was a stranger and the tenant Malki Ram had sub-let the house to him at Rs. 13/- per month and subsequently there was an agreement between the plaintiff and him that he would make certain constructions in the house, including a motor garage etc. and that the rent would be enhanced from Rs. 13/- to Rs. 15/- per month, while the plaintiff was to pay the entire amount spent on reconstruction which would come to Rs. 900/15/-. He further urged that the entire constructions were made with the consent and in the presence of the plaintiff and accordingly the suit was barred by estoppel.