NARAYANDAS AND ORS. Vs. RAJENDRASINGH AND ORS.

JUDGEMENT

(1.) THIS second appeal by the defendant tenant raises an interesting question of Jaw and it is this whether the transferee landlord can take advantage of the default committed by the tenant in payment of rent due from him to the previous land lord -for more than 6 months.

(2.) THE facts and circumstance in which the question arises may be briefly narrated as below.

(3.) THE defendant resisted the plaintiff suit. After recording the evidence produced by the parties the learned Munsiff, Ajnier (West) by his judgment dated 29th July, 1969 decreed the plaintiff's suit for ejectment as well as for arrears of rent amounting to Rs. 189/ -. Aggrieved by the judgment and the decree passed by the trial Court, the defendant filed appeal which was dismissed by the learned Additional Civil Judge, Ajmer on 27 -4 -1970. Consequently the defendant has come in second appeal to this Court.