SANTOSH Vs. RAM KISHAN

JUDGEMENT

(1.) This first appeal filed under section 96, CPC by plaintiff-Santosh is against the judgment and decree dated 16.7.1991 passed by District Judge, Tonk in Civil Suit No. 03/83. The learned Judge dismissed the eviction and rent recovery suit, mainly on the ground that relationship of landlord and tenant has not been established.

(2.) The relevant brief facts are that the property in question is a house with open land, situated in Tonk. This property was let out on 6.2.1981 at the rent of Rs. 400/- per month by plaintiff- Santosh (appellant herein) to defendant-respondent. A rent-note Ex.1 was also executed to above effect. The tenancy was a monthly tenancy.

(3.) It is averred in the plaint that only two months' rent was paid by the defendant and thereafter, he failed to pay the rent in spite of demand and therefore, the suit for ejectment and arrears of rent was filed on 30.7.1982.