ARAS KHAN Vs. ALI MIAN

JUDGEMENT

(1.) This is plaintiffs" appeal against a judgment of reversal.

(2.) The plaintiffs brought a suit for eviction and for realisation of arrears of rent in respect of the suit premises as described at the foot of the plaint.

(3.) The plaintiffs" case was that the suit premises was let out by plaintiff No. 1 to the defendant on a monthly rental of Rs. 25/- in the month of Jan., 1973. The defendant paid rent for some time, but defaulted in making payment of rent from Jan., 1974 to July, 1974. The plaintiffs sent a registered notice calling upon the defendant to pay the arrears of rent and to vacate the premises by 31st of Aug. 1974, but the notice was refused to be accepted. The plaintiffs" further case was that after the termination of tenancy, the defendant was a mere trespasser. As the defendant did not vacate the premises in question, it necessitated the institution of the suit. The defendant contested the suit. The defence was that the plaintiffs had no right, title or interest, whatsoever, in the suit premises. The defendant denied the story of tenancy as propounded by the plaintiffs. The defendant also denied the existence of relationship of landlord and tenant between the plaintiffs and the defendant.