MOHANLAL Vs. KANWAR SEN

JUDGEMENT

(1.) THESE two special appeals are connected and can be disposeu of by one judgment. Letters patent Appeal No. 4 of 1952 is against the decree in Second Appeal No. 855 of 1946 and Letters patent Appeal No. 3 of 1952 is against an order in Execution Second Appeal No. 231 of 1950.

(2.) THE facts are not complicated but some difficulty has been created by reason of a recent enactment. The defendant had taken a house on rent under a registered lease dated 27-4-1938, for a period of one year. On the expiry of the year the defendant continued to remain in possession, The plaintiff alleged in the plaint that after the expiry of the year the tenancy became a month to month tenancy according to the Hindi calendar and the defendant was liable to pay to the plaintiff rent at the rate of Rs. 55/- per month. These averments were admitted by the defendant in the written statement. The fact being admitted in the pleadings, it is not possible for learned counsel now to urge that the tenancy was not a month to month tenancy according to the hindi calendar and the notice to quit was, therefore, defective.

(3.) ON 8-12-1944, the plaintiff said that rent for four months had been in arrears and gave the defendant a notice to quit with effect from the end of the Hindi month. A second notice was given on the 23rd of December but we are not concerned with it, as that notice was given as a matter of extra precaution. On 10-1-1945, the plaintiff filed a suit for realisation of rent and for ejectment of the defendant.