SHANK SAHAI Vs. KANMAL

JUDGEMENT

(1.) THIS second appeal arises from a suit for ejectment and recovery of arrears of rent. The suit was instituted by Kanrnal impleading his son Indermal as pro forma defendant. Initially the tenancy commenced from November 1, 1951 under a rent note which was executed by Shankar Sahai appellant in favour of Kanmal and Indermal.

(2.) NOTICE to quit was given by Kanmal alone and the suit was also instituted by Kanmal alone. The defendant raised an objection that Kanmal alone could not bring the suit nor was the notice valid.

(3.) THE defendant made an application on October 30, 1964 contending that the suit property had already been transferred to Dashrathmal. THE plaintiff accepted this fact and also produced the document. THE trial Court, therefore, held that the question of ejectment did not survive and decided the suit only as regards the arrears of rent. THE trial Court passed a decree for rent for a period from June 4, 1957 to October 31, 1963 in favour of Kanmal plaintiff.