BALCHANDRA Vs. BANSHI DHAR

JUDGEMENT

(1.) This is a defendant's appeal in a suit for ejectment and arrears of rent.

(2.) The appellant, Bal Chandra was tenant of a shop at Sujangarh under one Jagannath at a rent of Rs. 181 per annum. The said Jagannath gold the shop to the respondents Bansidhar and Mal Chandra, on 5th July 1948. On 8th July 1948, the appellant executed a document, Ex. P.-1 agreeing to hold the shop from 6th July 1948, as a tenant of the respondents at Rs. 23 a month, and fixed the period of tenancy at two months. It was stipulated that Bal Chandra would vacate the shop after the expiry of two months without any hesitation, failing which the landlords were authorised to sue for ejectment. On 26th August 1948, the respondents sent a notice to the appellant to vacate the shop on or before the due date according to the agreement.

(3.) The respondents brought this suit on 8th November 1948, for ejectment of the defendant appellant for having failed to vacate the shop, as agreed upon, and also sued for recovery of RS. 53-5-0 as rent in arrears till the date of the suit. The appellant resisted the suit on the ground that the document of lease executed by him was under coercion. He stated that Jagannath had been taking proceedings against him for vacating the shop under Bikaner Prevention of Eviction Order, 1942, which the plaintiffs were intending to continue, and the defendant executed the deed in order to pat an end to those proceedings. He pleaded that he could not be evicted under the provisions of the said order. The other pleas related to the non-liability of rent at the enhanced rate, but the point is not now challanged in this appeal.