KUNJBIHARILAL Vs. MANGIBAI

JUDGEMENT

(1.) THIS is an appeal by the unwilling tenants of a house who have been ordered to pay arrears of rent and also to be evicted. In regard to the eviction the decree is from the first appellate court. In regard to the arrears it is concurrent. The ground on which eviction has been granted is admitted failure to pay the rent over some years.

(2.) THE facts of the case are the following. Long ago the tenants, who are brothers inter se, got into the premises on the basis of a Kirayanama executed by Kunj Behari Lal eldest of the three. The landlord at that time was one Ram Chand. However, he died sometime in 1947. Even before his death Ram Chand had to bring a suit for arrears. The plaintiffs who brought the present suit are his sister and her son, heirs to his estate, there being in fact no nearer relations.

(3.) THE appellants sought to prove that they have been paying rent to the office -holders of the so called Agarwala Sabha, which however is neither an incorporated company, nor a registered society. Both the courts disbelieved the story of the house being gifted to the Agarwala Sabha or to any body else. While both the courts granted a decree for arrears that for eviction had to be given by the first appellate court in appeal by the plaintiffs on the ground that default in paying rent had in fact been admitted.