RAMJILAL Vs. GOVIND NARAIN

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a suit for recovery of rent and ejectment.

(2.) IT was alleged that defendant was a tenant of the house situated in Gopalji ka-Rasta, Jaipur, at a monthly rental of Rs. 7/ -. No rent note is alleged to have been executed by the defendant and it was alleged that it was an oral tenancy. The suit for eviction was based on the ground that the defendant had not paid rent for eleven months and he had committed three defaults within a period of eighteen months and was thus liable to ejectment. A notice for terminating the tenancy was also served on the defendant on the 6th April, 1959, but with no-result; and hence the present suit. The defendant admitted the tenancy, but stated that the rent was payable annually at the rate of Rs. 7/-per month. The trial court framed the following issues: - (1) Is the tenancy monthly and was it agreed that the rent was to be paid month by month? (2) If issue No. 1 is decided against the plaintiff, is the notice invalid? (3) Is the tenancy annual and yearly rent was paid in one lump sum, and if so, what is the effect? (4) Relief.