KRISHNAGOPAL Vs. TH UDAISINGH

JUDGEMENT

(1.) THIS is a second appeal filed by the defendant Krishna Gopal against the judgment and decree of the Court of the District Judge, Jaipur, dated the 31st of May, 1946, confirming the judgment and the decree of the Sub-Judge, Jaipur, dated 24th of February, 1945, by which the plaintiff's suit for ejectment of a house and for Rs. 180/2/- Kaldar as rent up to the date of the institution of the suit was decreed with costs. The plaintiff was also allowed a decree for rent at the rate of Rs. 27/- p. m. up to the date of the delivery of the possession of the house. The defendant, however, was allowed to remove the constructions put by him in the house.

(2.) THE plaintiff filed a suit in the Court of the Munsif, West, Jaipur, 26. 2. 1942 for ejectment of a house and for arrears of rent on the basis of an agreement of the defendant dated the 1st of July, 1940, which was stated to be a lease for one year. THE plaintiff gave a notice to the defendant to quit his house on the 14th of October, 1941, and also informed him that in case he continued in possession he would be liable to pay the rent at the rate of Rs. 40/- p. m. THE plaintiff, therefore, claimed Rs. 302/- as the arrears of rent.