ISHWAR DAYAL Vs. RAM DEO

JUDGEMENT

(1.) THIS is a plaintiffs second appeal arising out of a suit for ejectment and recovery of arrears of rent etc. The trial Court had decreed the suit both for ejectment of the defendant from the land in suit as well as for recovery of arrears of rent and mesne profits. On appeal by the defendant-respondent, however, the suit for ejectment was dismissed and that for recovery of Rs. 140/- as arrears of rent was decreed.

(2.) AGGRIEVED by the aforesaid decree, the plaintiffs have filed this second appeal. Shortly stated, the plaint case was that the defendant-respondent had taken the land in dispute on a lease dated November 16, 1959 on a monthly rental of Rs. 6/- for a period of five years from the plaintiffs' father who died in March, 1963 leaving the plaintiffs who are the sons and widow of the original lessor, namely, Lakshmi. The tenancy of the defendant automatically came to an end after the expiry of the period of five years fixed in the lease and thereafter the defendant continued in possession over the land with their consent. A sum of 173.23 had become due against the defendant since March, 1963 till July 27, 1965 which he failed to pay despite a notice of demand and ejectment dated July 27, which was served on him on July 30, 1965.

(3.) THE trial Court held that the relationship of landlord and tenant was established between the plaintiffs and the defendant. The notice terminating the tenancy of the defendant was valid and that the defendant was also liable to pay the arrears of rent. etc. claimed by the plaintiffs and on these findings the suit was decreed.