RANUMAL Vs. MUNICIPAL COUNCIL AJMER

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for ejectment.

(2.) IT is common ground between the parties that the defendant took on lease from the plaintiff a plot of land bearing AMG No. 21/310, situated outside Delhi Gate, ajmer on a monthly rent of Rs. 25/- by lease deed Ex. 1 dated 26-6-1958. The period of lease was one year commencing from 1-4-1958 to 31-3-1959. It is also the admitted case of the parties that the defendant continued as tenant by holding over even after the expiry of the term fixed by the lease. The plaintiff's case is that the defendant had paid rent only upto 31-10-1963. It is further alleged that the plaintiff served a notice dated 25-9-1964 on the defendant calling upon the latter to vacate the premises by 31-10-1964 or on any other date on which the defendant thought his tenancy expired. A copy of this notice has been placed on the record and marked Ex. 2. The present suit was filed by the Municipal Council on 3-2-1965 asking for ejectment of the defendant from the premises in question as also for a decree of Rs. 320/- on account of arrears of rent/mesne profits.

(3.) THE defendant resisted the plaintiff's suit and pleaded inter alia that the suit was not maintainable in absence of a valid notice terminating the defendant's tenancy. Certain other pleas were also taken which it is however not necessary to reproduce here as the decision of this appeal turns solely on the question of validity of the notice of ejectment.