KISTURCHAND Vs. DAMODAR

JUDGEMENT

(1.) THIS is a second appeal by the defendant Kisturchand against the Judgment and decree of the Distt. Judge, Jaipur city, dated the 10th May 1950 confirming the decree of the Munsif West, Jaipur City, dated the 8th February 1950 decreeing the plaintiffs' suit for ejectment of the appellant.

(2.) THE facts of this case which are no longer in dispute are that the appellant bad rented a shop from the defendants Kisturchand son of Suwalal and Kisturchand son of Jamnalal. THEse defendants later on mortgaged this property to the plaintiff. Since the plaintiff wanted to get the shop vacated he approached the Rent Controller to give him certificate but the appellant denied his tenancy. THE Rent Controller refused to give the desired certificate and directed the plaintiff to go to the Civil Court. THE plaintiff thereupon filed the present suit and obtained a decree which is now challanged.