MAHI DAS Vs. NAGAR MAL

JUDGEMENT

(1.) THIS is a revision petition by tenant Mahi Das against the order of the Appellate Authority accepting the landlord's ejectment petition which had been dismissed by the Rent Controller.

(2.) THE facts are that in January, 1962, Nagar Mal instituted his petition for the ejectment of Mahi Das simply on the allegation that Mahi Das and his brother Sain Das had mortgaged the house in dispute with him for Rs. 300 with possession and that at the same time they executed a rent deed by which they took the house on lease for one year from the 12th of September, 1929, on a monthly rent of Rs. 3. Sain Das had died about 13 years ago and Mahi Das was his only heir and was in sole possession, and Mahi Das had failed to pay any rent for the last 10 years. In his written statement, which appears to be badly drafted, Mahi Das denied that Nagar Mal had any concern with the house and alleged that he himself was in possession as the owner. He admitted that he was the only heir of his brother who had died, but he pleaded that there was no relationship of landlord and tenant and that if any had ever existed it had come to' an end under the terms of the lease on the 12th of September, 1929.

(3.) THE only evidence of the landlord that any rent was ever paid after the termination of the lease was in the form of some writings by the landlord himself on the back of the rent deed and even these writings only cover payments amounting to Rs. 104 which, as the learned Rent Controller has said, could only show the payment of rent up to August, 1931, even if accepted at their face value.