(1.) THIS is a Plaintiff's second appeal who originally brought a suit for ejectment of the Defendant from a house as well for arrears of rent. His suit for ejectment has been dismissed by both the Courts but his claim for rent to the extent of Rs. 52, has been decreed.
(2.) THE facts giving rise to this suit are that the Plaintiff brought the suit against the Defendant with the, allegation that the Defendant took on rent the suit house at Rs. 12 in a, month from 1st Baisakh 1997 by means of a rent deed with its precious owner S.D. Chopra Later on the rent was increased to Rs. 17 a month The Plaintiff who comes from Maluchak on the border was uprooted from that place in the year 1947 and started a small shop in the city of Jammu. He has since the partition of India been living in Jammu in a rented house. The landlord of that house had served a notice of ejectment upon him on 12th March 1963 the Plaintiff purchased the house for Rs. 13,000 of He does not own any other house. He sent a number of notice to the Defendant at notices were not served upon him as he avoided service. Then another notice was got affixed on the outer door of his residence Hence the suit for ejectment.
(3.) THE trial Court framed four issues in the case which were as under:
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