RAMBUX Vs. SOHANLAL

JUDGEMENT

(1.) THIS is a second appeal by the defendant arising out of a suit for ejectment of a shop and Malia situate in Mohalla Pungalpara, Jodhpur.

(2.) THE disputed property was mortgaged with one Radhakishen Shrimali. Plaintiffs' case was that they had redeemed the mortgage from the son of Radhakishen and let out the property to the appellant on 5th January, 1954 at a monthly rental of Rs. 10/ -. which was later on increased to Rs. 15/- p. m. It was alleged that as the defendant had denied the title of the plaintiffs as landlord before the institution of the suit in the notice given by his counsel on 24th June, 1957 and also renounced his own character as a tenant he was liable to be ejected under sec. 13 (f) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. It was also alleged that after receiving the defendant's notice, plaintiffs terminated the defendant's tenancy by a notice dated 9th July, 1957 with effect from Sawan Badi 15 Smt. 2014, THE suit was filed by plaintiffs Nos. I to 3 sons of Jankidass, Mst. Dhanni his widow and Mst. Radha his daughter. THE rent note was in favour of plaintiffs No. 1 to 3 and their father Jankidass who died before the institution of the suit.

(3.) IN my opinion having regard to the contents of the notice in this case the act of the plaintiffs in accepting rent upto the period of the determination of the tenancy cannot be regarded as waiver or condonation of disclaimer by the tenant because he has elected atonce to avoid the lease.