(1.) This appeal is by defendant No. 2, son of defendant No. 1, against whom the suit was dismissed.
(2.) The suit was filed by the plaintiff for recovery of Rs. 7496/-, besides interests and costs as per accounts given in schedules 1, 2 and 3 at the foot of the plaint. The principal amount was claimed by the plaintiff as rent in respect of a building situate on two municipal holdings in the town of Bhagalpur.
(3.) The facts of the case, as disclosed in the plaint, are to the following effect. The appellant was defendant No. 2. He is the son of defendant No. 1, who died during the pendency of the appeal in this Court. They were both members of a joint Hindu family governed by the Mitakshara School of Hindu Law. They decided to run a hospital for women in the name of "Narayani Matri Seva Sadan", and for its location, took from the plaintiff his building on a monthly rental of Rs. 150/- with effect from the 1st August 1946, agreeing to pay interest at the rate of Re. 1/- per cent per month in case of default in payment of rent