M P SWAMI Vs. MANGARAM AGARWALLA

JUDGEMENT

(1.) The second appeal is by the defendant against a decree of affirmance arising out of a suit for ejectment and for recovery of arrears of house rent.

(2.) The plaintiff's case was that the suit house was let out to the defendant in the month of July, 1968 on a monthly rent of Rs. 15, but the defendant failed to pay the rent from May, 1972 despite repeated requests and did not vacate the house despite service of notice under Section 106 of the Transfer of Property Act determining the tenancy with effect from 31st October, 1973.

(3.) The defendant disputed the plaintiff's title to the suit house and denied that he was a monthly tenant under the plaintiff in respect of the same.